Question
At 3AM officers respond to an apartment complex because of a call regarding a child wandering around unattended. The officers arrive and find the 3
At 3AM officers respond to an apartment complex because of a call regarding a child wandering around unattended. The officers arrive and find the 3 year old child, wearing pajamas and no shoes with a few residents of the complex. The residents with the child called the police after they found her. The child is unable to tell the residents nor the officers where she lives. The residents are also unable to tell the officers which apartment her parents may live. The officers survey the apartment complex and see many of the doors closed, except one door to an apartment on the 3rd floor appears to be ajar and they conclude the child may have come from that apartment. The officers go to the door and knock. After knocking several times and announcing that they were the police -- they get no response. They enter to see if there is anyone inside that needs assistance. The officers find a male (Jerry) and female (Elaine) sleeping in a bedroom with narcotics and related paraphernalia all over the nightstands and dresser. After waking them up, the officers discover Elaine is the wandering child's babysitter but does not live in the apartment. The apartment belongs to Jerry, her boyfriend. Elaine tells the officers she doesn't know anything about the drugs in the bedroom. Jerry is arrested for possession of narcotics and possession of paraphernalia. Days later in court, Jerry claims the officers entered his apartment in violation of his rights. Is this Exigent Circumstances? Is this a violation of his rights.?
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