People v. Pou
11 Cal. App. 5th 143
| Cal. Ct. App. | 2017Background
- LAPD officers responded to a radio report of a "screaming woman" and "distressed moaning" at 2314 Jupiter Drive; they arrived with lights and sirens.
- From outside the residence officers heard very loud arguing with both male and female voices and observed two males making argumentative gestures through a window.
- Officers knocked, announced themselves multiple times; defendant repeatedly refused consent to entry, but officers entered to check for injured persons under their training.
- During a quick, safety‑focused search for occupants in the large house, officers opened a door they believed might be a closet/room and observed suspected narcotics; narcotics unit was called and later obtained a warrant.
- Subsequent warrant execution yielded cocaine, MDMA/methylone, scales, money, and a handgun; the original 911 report was later clarified to concern a house across the street.
- Defendant was charged with drug offenses, moved to suppress evidence from the warrant obtained after the warrantless entry, the motion was denied, defendant pled guilty to possession of ecstasy for sale, and appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether officers’ warrantless entry/search was lawful under the emergency aid exception | Entry/search was justified because officers had an objectively reasonable basis to believe someone inside needed immediate aid (screaming, loud arguing, delayed response) | Search unlawful because officers entered without a warrant or valid consent and later learned the 911 report concerned a different house | Court affirmed: emergency aid exception justified the entry and the scope of the search was limited to places a victim or aggressor could be found |
Key Cases Cited
- Brigham City v. Stuart, 547 U.S. 398 (officers may enter without a warrant when there is an objectively reasonable belief an occupant is seriously injured or imminently threatened)
- Michigan v. Fisher, 558 U.S. 45 (emergency aid doctrine requires only an objectively reasonable basis to believe immediate aid is needed; no ironclad proof required)
- People v. Troyer, 51 Cal.4th 599 (California Supreme Court: emergency aid exception allows reasonable warrantless entry/search for victims or suspects; officers may make reasonable mistakes)
- Hill v. California, 401 U.S. 797 (reasonable, good‑faith belief can justify actions later shown to be mistaken)
- Herring v. United States, 555 U.S. 135 (exclusionary rule need not apply where officers act on negligent recordkeeping rather than deliberate/reckless misconduct)
- Causey v. City of Bay City, 442 F.3d 524 (6th Cir.) (officers reasonably searched despite assurances because assurances could conceal injured persons or intimidation)
- People v. Ramirez, 34 Cal.3d 541 (distinguished; involved suppression based on recalled warrant in records)
