E911 prank call, I thought...

2manyrocks · Apr 23, 2010

If you read the Michigan court opinion, you immediately see that the 911 operator asked questions and called back to the number to attempt to verify the facts before police officers responded to the call. You also see that when the officers arrived at the scene, they were confronted with an angry man and facts that supported their going into the house to protect his daughter from him.

If the 911 operator gets a call where the caller won't give a name or any details, then that raises a question whether it's a legitimate call or not. When the officers arrive at the scene and walk around the house for ten minutes with nothing unusual going on to suggest that anyone inside is in imminent danger, then there is no basis for them to enter the house without a warrant and without the owner's consent. That's the fourth amendment.

It's sloppy work to go out without asking for as much useful information as you can get and it puts officers and homeowners at risk. The OP's situation could have easily gone wrong if he had gone to the door with his .357.

Officers had a warrant to enter a drug house in the next county, but they got the wrong house in the middle of the night. The homeowner thought there was a home invasion and tried to defend himself. He's dead, and the officers and the city are negotiating how much they have to pay his family.

Artimus · Apr 23, 2010

Wow, glad all turned out okay for you but I am sorry to hear some of the misinformation on this board as well as the hate spewed by some.

First off, as a law abiding citizen and father, I would hope law enforcement would do anything in their power to make sure no one was hurt and investigate when there is a report of such even if it turns out to later be false. That is why it is called an investigation.

Regardless, they do have to follow the Constitution though there are exceptions to the warrant requirement based on certain criteria. The criteria is based on danger to the officer or a possible victim based on what the Courts have determined to be probable cause and the actions of a "reasonable officer."

As a 28 year law enforcement officer I know there are good and bad law enforcement officers. They come form the same pool of humans as do all occupations and tractor owners. Therefore, there are good and bad and thankfully the good far outweigh the bad and ignorant just as the good citizen outweighs the ignorant ones who wish to stereotype all officers based on the actions of one or a few.

From experience, many people don't have house phones anymore. You can't guarantee a call is legitimate by endlessly questioning someone on the phone and wasting valuable response time. Many a third party cell call has saved a life as well as caused problems but each and very one must be investigated as fully as possible. Otherwise the citizen that law enforcement protects will either complain, sue or possibly lose their life. Law enforcement officers are not perfect but most try to do their very best. Being respectful to them and your fellow man is always your best bet. We can't control the stupid things others do but we can try to be civil to each other, try not to prejudge based solely on occupation or color and understand that the security and the protection of life is of utmost importance. Law enforcement officers must be suspicious and investigate any and all complaints as well as hunches otherwise they ain't worth a crap to anyone.

Today's officer is generally superior to those of the past. They have more education, training and are less likely to use deadly force than their predecessors. All of this is due to training, education, legal constraints and penalties. As always, there are exceptions to every rule.

God Bless!

ultrarunner · Apr 23, 2010

There were 911 hang-ups to investigate each time I did a Sheriff ride along... surprisingly, many were people misdialing 911 instead of the international prefix 011... even then, some people were agitated for what-ever reason that law enforcement was standing at the door... to the point of neighbors calling to see if one woman needed a lawyer???

My 911 experience had me coming home to a busted out window and kicked-in door... No one was home and yet the police said a 911 hang-up occurred from my home? To make matters worse, had I not come home when I did, I would have had a $250 emergency board-up fee from the city?

Was never able to re-coup my loss and it was just under my $1000 deductible... a friends wife works for 911 dispatch said mistakes happen... especially with the locations... I asked if she would be willing to testify and she said it would get her in trouble... so I dropped it.

On a separate note... my rental home had my new fence and gate destroyed in 3 city police chase of a bank robber that just happened to end in the backyard...

I was so upset with my new fence being destroyed... about $350 to repair... that I made it my personal business to recoup... I filed a claim with the neighboring city's police department and did recover because I made it clear that I was going to court and was going after the city manager, police chief and the officer and would treat it as a learning experience... they sent me a check after making me sign about 10 pages of forms that it was settlement in full.

2manyrocks · Apr 25, 2010

One reason to ask questions before responding to make sure the officers are as well prepared as they can be before they arrive. Officers can be enroute while the questioning proceeds, and there's no good excuse for not attempting to elicit information from a 911 caller. Another reason is to be sure officers aren't about to create a hazardous situation for them and a homeowner who is totally surprised that the officers are knocking at his door in the middle of the night.

Some guy who is in a loud domestic dispute might very well expect that the police will be showing up and at least should have that in the back of his mind. In many cases, the officers will have been on call to the same house to the same people.

The guy who is asleep in his bed minding his own business has no reason to expect the police to show up, and that can make for a dangerous situation because the natural impulse is to think, who in blazes is knocking at my door at this hour?

The fourth amendment requires a warrant for a dwelling entry and the exceptions to it are just that---exceptions which the officers better be prepared to explain for good reason. If you make enough loose exceptions, sooner or later the fourth amendment no longer has any teeth.