Question

Officer Brown and his partner are responding to an anonymous tip they received regarding the location of a suspected killer, when they arrive at the home of Lucy Schrodinger, the mother of the suspect. Officer Brown knocks on her door and waits for a response, but no one comes. A few minutes later, Ms. Schrodinger pops her head out the window of the second floor. "What do you want?" She demands. "We're just checking up on a lead we received," responds Officer Brown. "May we come inside?" "No! Not without a warrant." Yells, Ms. Schrodinger. "Please leave my property." Undisturbed by Ms. Schrodinger's demand, the officers remain on the front porch for several minutes. Curiously peering through a pane of glass in the front door, Officer Brown's partner spots something moving behind what looks like a couch. He then presses his face up against the glass to get a better look. He signals Officer Brown to look inside as well when a man pops his head up to see if the officer's had gone. Officer Brown spots his face. "That's him," yells Officer Brown. "That's our guy!" The second officer immediately kicks in the door, and the two officers rush inside with their weapons drawn. "Freeze!" They both yell simultaneously. Their suspect quickly gives himself up, holding both of his arms into the air. As Officer Brown starts placing him under arrest, the suspect's face starts to form a broad grin. "Where's your warrant officers?" He says in a low menacing voice. "You'll never make this stick." He slowly starts to chuckle to himself as the officers lead him outside. Was this a lawful entry into the home?

Answer 1

The officers' warrantless entry into the home is typically against the Fourth Amendment and appears unlawful in this scenario as there were no exigent circumstances or immediate danger presented. Officer Brown's partner pressing his face against the glass to see inside could be considered an unconstitutional search.

Step-by-step explanation:

The question asks if the entry into Lucy Schrodinger's home by Officer Brown and his partner was lawful. Warrantless entry into a home is typically against the Fourth Amendment unless specific exceptions apply. An anonymous tip alone does not justify entry without a warrant. Under exigent circumstances, such as when officers have a reasonable belief that someone is in immediate danger or evidence is being destroyed, warrantless entry can be legal. However, in this scenario, there is no indication of immediate danger or destruction of evidence. The plain view doctrine could be relevant if the suspect was visible from a place where the officers legally had the right to be. Still, it does not apply here since Officer Brown's partner took extra steps to see inside, which could be considered an unconstitutional search. The suspect's taunt about the lack of a warrant suggests that he may understand his rights and the potential for the entry and subsequent arrest to be challenged in court. The legality of the entry would ultimately be decided in a court of law considering the specific circumstances.