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What difference should that make?
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If he were there, in person, obviously he could give permission to enter, as all the operator had was a call from someone saying he was the husband, (at least with the info we have) There is no
absolute way to be certain he is who he says he is, and, being an apartment, it would be even harder to confirm.
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Under ANY circumstances? Reference please? What if they KNEW someone was dying inside and needed their help? Would that entry be illegal?
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After discussions I have participated in, on this forum, in the past, my understanding is that there must be some sort of "reasonable suspicion" that there is a crime, or life threatening emergency, before a forced entry is advised.
Obviously, if the officer
sees, or
hears something that makes him suspicious, he will likely boot in, but a dark, silent house? And a
story that the wife is not answering the phone ? That's pretty thin.
Still not enough facts yet, but sounds like they were acting reasonably to me so far.
ETA: The guy obviously had a "gut feeling" that something was wrong well before he left for work, otherwise there would have been no Dr. Appointment planned. IMO he should have called EMS then or, stayed home. ( Been through this with 2 kids, you gotta go with your gut ) And yeah, I know someone is gonna say " Why risk his job over something that could have been nothing" ? I
have sacrificed job over family, ya gotta have "priorities".