NCJ Number
166542
Journal
Crime to Court, Police Officer's Handbook Dated: (December 1996) Pages: 1-18
Date Published
1997
Length
18 pages
Annotation
This police training booklet focuses on the legal parameters for a warrantless entry into a home, as interpreted in United States v. Taylor (U.S. Fourth Circuit Court of Appeals, 1996), and police procedures in responding to domestic violence calls.
Abstract
Two police officers came to Taylor's home, pursuant to a court order, to return a handgun that had been seized from him during a traffic stop approximately 16 months earlier. While on the porch, one of the officers looked through a picture window with the blinds open to observe Mr. Taylor and some other individuals hurrying to remove some money and what appeared to be a packet of white powder from the dining room table. Believing that they had probable cause to believe a crime was in progress, the officers knocked on the door and insisted on entering the home. The officers removed a sheet from the dining room table to expose gambling records and a large amount of currency; the bag containing white powder was no longer there. The appellate court held that the search was legal. The plain view doctrine permits police officers to seize evidence when the officer is lawfully present at the place from which the evidence can be plainly viewed, the officer has a lawful right of access to the object itself, and the object's incriminating character must be immediately apparent. In discussing police response to domestic violence, the booklet advises officers to keep three objectives in mind: stop the violence, make the victim safer, and hold the batterer accountable. Interview questions in the context of pursuing these goals are discussed.