United States v. Booth, 455 A.2d 1351 (D.C. 1983). · Go Syfert
United States v. Booth, 455 A.2d 1351 (D.C. 1983). Cases Citing This Book View Copy Cite
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Under fire: who is questioning this case
Citations from separate opinions of courts that could overrule this case. This is a warning signal, not a treatment change. The flag color above is unaffected.
Dissent Michael Ball v. United States, 185 A.3d 21 (D.C. 2018)
“The majority asserts it is bound to use this terminology because the Supreme Court has "adopted" it, id. ; but, as explained above, it is unclear what the Supreme Court meant with the use of this language.”
Dissent Oliver v. United States, 656 A.2d 1159 (D.C. 1995)
“A. I agree with my colleagues that the “probable cause” requirement under the emergency exception to the warrant requirement, as elaborated in United States v. Booth, 455 A.2d 1351, 1355-56 (D.C.1983), and succeeding cases, “reflects the need for solid facts,” ante at 1166, showing “reasonable grounds to believe some kind of emergency existed.” Ante at 1166 (quoting W.R.”
Dissent Womack v. United States, 673 A.2d 603 (D.C. 1996)
“See Warden v. Hayden, 387 U.S. 294 , 87 S.Ct. 1642 , 18 L.Ed.2d 782 (1967); United States v. Booth, 455 A.2d 1351 (D.C.1983).”
Dissent Rose v. United States, 629 A.2d 526 (D.C. 1993)
“D.C. 282, 288, 698 F.2d 448, 454 (1983) (quoting United States v. Hadel, 649 F.2d 1152, 1155 (5th Cir.1981)); see also Booth, 455 A.2d at 1353 .”
Cited for
At page 1353 rejecting government’s argument that because appellees lived in a rooming house, as opposed to a private home, they lacked a legitimate expectation of privacy in the front hall where police made warrantless entry · 11 citing cases2 citing courts put it this way
  • Davis v. State, 226 So. 3d 318 (Fla. 2d DCA 2017).
    (rejecting government’s argument that because appellees lived in a rooming house, as opposed to a private home, they lacked a legitimate expectation of privacy in the front hall where police made warrantless entry)
  • Logan v. Commonwealth, 616 S.E.2d 744 (Va. Ct. App. 2005). 2 cites
    (rejecting the government’s contention that the tenant of a rooming house lacked a legitimate expectation of privacy in the front hallway of the rooming house that was open to use by all of the tenants)
  • State v. Titus, 707 So. 2d 706 (Fla. 1998). 2 cites
    (rejecting government's argument that because appellees lived in a rooming house, as opposed to a private home, they lacked a legitimate expectation of privacy in the front hall where police made warrantless entry)
  • Penny v. United States, 694 A.2d 872 (D.C. 1997).
    One of the principal factors for us to consider in determining whether Penny had a reasonable expectation of privacy in the basement is whether he had “authority to exclude others from the area entered and searched....” United States v. Bo…
  • Junior v. United States, 634 A.2d 411 (D.C. 1993). 2 cites
    Although appellant did not testify about spending the night and leaving his medication and clothes at the Turley home, which he mentions in the affidavit attached to his § 23-110 motion, appellant's trial testimony, which was corroborated…
  • Rose v. United States, 629 A.2d 526 (D.C. 1993). 4 cites
    Rawlings v. Kentucky, 448 U.S. 98, 104 , 100 S.Ct. 2556, 2561 , 65 L.Ed.2d 633 (1980); Moore v. United States, 468 A.2d 1342, 1345 (D.C.1983); United States v. Booth, 455 A.2d 1351, 1353 (D.C.1983).
  • Brown v. United States, 627 A.2d 499 (D.C. 1993). 3 cites
    Rather, application of the rule depends on whether “the person who claims the protection of the Amendment has a legitimate expectation of privacy in the invaded place.” Rakas v. Illinois, 439 U.S. 128, 143 , 99 S.Ct. 421, 430 , 58 L.Ed.2d…
  • Lewis v. United States, 594 A.2d 542 (D.C. 1991).
    II The capacity or “standing” to challenge a search depends on whether the person claiming the protection of the Fourth Amendment “has a legitimate expectation of privacy in the invaded place.” Rakas v. Illinois, 439 U.S. 128, 143 , 99 S.C…
  • Martin v. United States, 567 A.2d 896 (D.C. 1989).
    See United States v. Booth, 455 A.2d 1351, 1353 (D.C.1983).
  • Moore v. United States, 468 A.2d 1342 (D.C. 1983). 2 cites
    See United States v. Booth, 455 A.2d 1351, 1353 (D.C.1983). [11] We have endeavored throughout this section of the opinion to avoid stating the issue as whether appellant had "standing" to raise the Fourth Amendment claim.
Show 1 more citing case
  • Mitchell v. United States, 609 A.2d 1099 (D.C. 1992).
    (defendant had standing as a result of his authority to deny entry to portion of rooming house)
At page 1354 holding that defendant residents “had a legitimate expectation of privacy in the front hallway of the house they shared, which was not obviously a rooming house open to the general public · 8 citing cases2 citing courts put it this way
  • State of New Jersey Vs. Louis v. Williams (16-11-0834, Mercer Cnty. & Statewide), No. A-2490-17T4 (N.J. Super. Ct. App. Div. Aug. 19, 2019). 2 cites
    (concluding that rooming house residents "had a legitimate expectation of privacy in the front hallway of the house they shared, which was not obviously a rooming house open to the general public)
  • Oliver v. United States, 656 A.2d 1159 (D.C. 1995). 22 cites
    United States v. Booth, 455 A.2d 1351, 1354 (D.C.1983).
  • Pueblo v. Meléndez Rodríguez, 136 P.R. Dec. 587 (1994).
    United States v. Fluker, 543 F.2d 709, 716 (9no Cir. 1976); United States v. Carriger, 541 F.2d 545, 552 (6to Cir. 1976); State v. Reddick, 541 A.2d 1209 (1988); State v. Brown, 503 A.2d 566, 570 (1986); United States v. Booth, 455 A.2d 13…
  • Earle v. United States, 612 A.2d 1258 (D.C. 1992). 4 cites
    A. "`[S]earches conducted outside the judicial process, without prior approval by a judge or magistrate, are per se unreasonable under the Fourth Amendment—subject only to a few specifically established and well-delineated exceptions.'" Un…
  • State v. Reddick, 541 A.2d 1209 (Conn. 1988).
    Conn. 1986); United States v. Booth, 455 A.2d 1351, 1354 (D.C.
  • Duquette v. Godbout, 471 A.2d 1359 (R.I. 1984).
    United States v. Booth, 455 A.2d 1351, 1354 (D.C.App.1983).
  • Good v. Dauphin Cnty. Soc. Servs. For Child. & Youth, 891 F.2d 1087 (3d Cir. 1989).
    See United States v. Booth, 455 A.2d 1351, 1354 (D.C.App.1983); State v. Jones, 45 Or.App. 617 , 608 P.2d 1220, 1222 (1980). 1 However, given the rationale for this very limited exception, the state actors making the search must have reaso…
  • State v. Pierre, 54 A.3d 1060 (Conn. App. Ct. 2012).
    (holding that defendant residents “had a legitimate expectation of privacy in the front hallway of the house they shared, which was not obviously a rooming house open to the general public)
At page 1355 “recognizing that the fourth amendment does not bar police officers from making warrantless entries and searches when they reasonably believe that a person within is in need of immediate aid.” · 6 citing casesthe opinion's own words at *1355, quoted by 1 later opinions
  • Michael Ball v. United States, 185 A.3d 21 (D.C. 2018). 4 cites
    Under our case law, the government must show that ―the police [had] probable cause, based on specific, articulable facts, to believe that immediate 24 entry [wa]s necessary to assist someone in danger of bodily harm inside the premises.‖ U…
  • Corrigan v. Dist. of Columbia, No. 2012-0173 (D.D.C. Aug. 25, 2015).
    Aug. 6, 2015) (noting District of Columbia recognizes “emergency aid” exception provided “police have ‘probable cause to believe that immediate entry [was] necessary,’” but cautioning previously recognized test might be more stringent than…
  • Jamel Evans v. United States, 122 A.3d 876 (D.C. 2015). 2 cites
    Although this court has previously required that police have “probable cause to believe that immediate entry [was] necessary,” United States v. Booth, 455 A.2d 1351, 1355 (D.C.1983), we have not had occasion to address that requirement in…
  • State v. Portes, 840 A.2d 1131 (R.I. 2004).
    Id. at 1363 (citing United States v. Booth, 455 A.2d 1351, 1355-56 (D.C.App.1983)).
  • Washington v. United States, 585 A.2d 167 (D.C. 1991).
    Id. at 1355-56 (footnotes omitted; emphasis supplied).
  • Tuck v. United States, 477 A.2d 1115 (D.C. 1984). 6 cites
    At a hearing on the motion to suppress, Officer Jones testified to the following “specific, articulable facts,” United States v. Booth, supra, 455 A.2d at 1355-56, which the trial court found provided the probable cause to believe that the…
At page 1356 upholding entry under emergency aid doctrine where officer “had received a radio report that an assault was in progress [at a particular address]; when he arrived -4- at that address, the person answering the door . . . had dried blood on his face; and [the person] did not respond to [o]fficer[’s]… · 3 citing cases2 citing courts put it this way
  • State v. Genovesi, 909 P.2d 916 (Utah Ct. App. 1995).
    See Mincey v. Arizona, 437 U.S. 385, 393 , 98 S.Ct. 2408, 2413-14 , 57 L.Ed.2d 290 (1978); United States v. Booth, 455 A.2d 1351, 1356 (D.C.App.1983).
  • Ted Michael Stallings, s/k/a Ted Michael Stallings, Jr. v. Commonwealth of Virginia, No. 2690063 (Va. Ct. App. Dec. 18, 2007).
    (upholding entry under emergency aid doctrine where officer “had received a radio report that an assault was in progress [at a particular address]; when he arrived at that address, the person answering the door . . . had…)
  • Commonwealth v. James Edward O'Neal, No. 0044071 (Va. Ct. App. June 12, 2007).
    (upholding entry under emergency aid doctrine where officer “had received a radio report that an assault was in progress [at a particular address]; when he arrived -4- at that address, the person answering the door . . .…)
Other citing cases3 with no pin cite or quoted language on record
Retrieving the full opinion text from the archive…
UNITED STATES, Appellant,
v.
Roger W. BOOTH, Appellee; UNITED STATES, Appellant, v. Bertha Lee WHITE, Appellee
81-771, 81-772.
District of Columbia Court of Appeals.
Jan 24, 1983.
455 A.2d 1351
1983 D.C. App. LEXIS 300
Katherine Winfree, Asst. U.S. Atty., Washington, D.C., with whom Stanley S. Harris, U.S. Atty., John A. Terry, Asst. U.S. Atty., Washington, D.C., at the time the brief was filed, and Natalia M. Combs, Asst. U.S. Atty., Washington, D.C., were on the briefs, for appellant., Gerson Simon, Washington, D.C., appointed by this court, for appellee Booth., J. Philip Kessel, Washington, D.C., appointed by this court, for appellee White.
Kelly, Kern, Ferren.
Cited by 56 opinions  |  Published
Pinpoint authority: bottom 49%

Lead Opinion

FERREN, Associate Judge:

The government appeals from a trial court ruling suppressing evidentiary use of statements by appellee White, as well as a broom handle that appellees allegedly used to assault the complaining witness. The court concluded that the statements and the broom handle were fruits of an unlawful police entry into the front hall of a rooming house where appellees resided. We reject the government’s contention that appellees had no legitimate expectation of privacy in the front hallway of their rooming house, and thus lacked standing to challenge the police officer’s actions. But, in reviewing the merits, we agree with the government that emergency circumstances, perceived by the officer at the time, justified his limited entry, in order to determine whether his assistance was needed by someone in danger of bodily harm inside the premises. Accordingly, we reverse the trial court’s suppression order and remand for further proceedings.

I.

On March 7, 1981, Officer William Terrell, patrolling in his scout car, received a radio report of an “assault in progress” at 1620 Swann Street, N.W. Officer Terrell drove to the address and knocked on the door. When appellee Booth opened the door, Officer Terrell noticed dried blood on Booth’s nose and asked whether he had called the police. Booth answered negatively, but Officer Terrell testified at the suppression hearing that the blood on Booth’s nose gave him “reason to believe that somebody in there had been injured.” Booth would not respond when Terrell asked why he had blood on his nose.

Officer Terrell then crossed the threshold of the front door into the hall. He testified that, from the hallway, he looked inside the living room “to see if anybody was hurt.” He again inquired whether anyone had called the police (about five persons were in the living room). When he was told that no one had called the police, Officer Terrell turned to leave. As he reached the front door, he heard a door open on the second floor, looked up, and saw the complaining witness — “his face covered with blood.” Terrell went upstairs. The complaining witness told him that the people downstairs had attacked him, and that appellee Booth[*1353] was one of the attackers. Officer Terrell returned downstairs and placed appellee Booth under arrest. At that point, appellee White approached Terrell and stated that she was the person who had struck the complaining witness with a broom handle.

Before trial, appellee White moved to suppress her statement, and both appellees moved to suppress the broom handle, as fruits of an unlawful entry.[1] The trial court ruled that, although exigent circumstances existed, Officer Terrell did not have a right to enter without a warrant, since he did not have probable cause to believe an assault had occurred in the house. The court accordingly suppressed the statement and the broom handle.

II.

The government argues that ap-pellees lack standing to challenge the police entry and seizure because they never have asserted a legitimate expectation of privacy in the hallway and other common areas. Rakas v. Illinois, 439 U.S. 128, 143, 99 S.Ct. 421, 430, 58 L.Ed.2d 387 (1978); see Katz v. United States, 389 U.S. 347, 360, 88 S.Ct. 507, 516, 19 L.Ed.2d 576 (1967) (Harlan, J., concurring). The government correctly stresses that one who contests a search or seizure bears the burden of establishing his or her Fourth Amendment rights. Rakas, supra, 439 U.S. at 131 n. 1, 99 S.Ct. at 424 n. 1. Appellees may establish that expectation “by reference to ‘a source of that expectation outside of the Fourth Amendment, either by reference to concepts of real or personal property law or to understandings that are recognized and permitted by society.’ ” In re B.K.C., D.C.App., 413 A.2d 894, 899 (1980) (quoting Rakas, supra 439 U.S. at 144 n. 12, 99 S.Ct. at 431 n. 12).

In discussing expectations of privacy, the Supreme Court has admonished that property law distinctions are not controlling. Rakas, supra at 143, 99 S.Ct. at 430. Indeed, “Rakas emphatically rejected the notion that ‘arcane’ concepts of property law ought to control the ability to claim the protections of the Fourth Amendment.” Rawlings v. Kentucky, 448 U.S. 98, 105, 100 S.Ct. 2556, 2561, 65 L.Ed.2d 633 (1980) (rejected contention that ownership of drugs in someone else’s handbag conferred standing to contest the search of the handbag). Instead, proper analysis requires the court to examine a variety of factors tending to reflect privacy interests worthy of society’s protection. These include the defendant’s access to and use of the area in the past, id. at 105, 100 S.Ct. at 2561, the defendant’s authority to exclude others from the area entered and searched, id.; see Rakas, supra, 439 U.S. at 144 n. 12, 99 S.Ct. at 430 n. 12, and the defendant’s reasonable precautions in attempting to maintain privacy. In re B.K.C., supra at 900 (defendant’s “temporary relinquishment of possession” not sufficient to defeat defendant’s legitimate expectation of privacy); see Slobogin, Capacity to Contest a Search and Seizure: The Passing of Old Rules and Some Suggestions for New Ones, 18 Am.Crim.L.Rev. 387, 407 (1981).

Appellees have asserted that they reside in the rooming house at 1620 Swann Street, N.W., and the government has never challenged that assertion.[2] The government argues, nonetheless, that because appellees live in a rooming house, not in a private home, they lack a legitimate expectation of privacy in the front hall where Officer Terrell made his warrantless entry. See, e.g., United States v. Anderson, 175 U.S.App.[*1354] D.C. 75, 79, 533 F.2d 1210, 1214 (1976) (defendant’s constitutionally protected privacy interest began at the door to his room, not at the door to the rooming house). We cannot agree. The government’s argument places too much reliance on property law concepts. When we apply the broader range of relevant factors, appellees’ legitimate expectation of privacy in the front hallway of this particular rooming house is clearly established.

In contrast with Rawlings, supra 448 U.S. at 105, 100 S.Ct. at 2561, where the defendant “had never sought or received access” to the handbag searched by the police, appellees unquestionably had access to the hallway, which they regularly would use as a means of ingress and egress to the rooming house. Further, the other two factors — “authority to exclude” and “precautions to maintain privacy” — cut in appel-lees’ favor. Unlike the hallway in the rooming house in Anderson, supra 175 U.S.App.D.C. at 79, 533 F.2d at 1214, which was open to “residents of the rooming house, their guests, [and] people making deliveries,” the rooming house at 1620 Swann Street, N.W. — and thus its front hallway— was not open to the general public. Indeed, we note that Officer Terrell, upon his arrival, did not even perceive that 1620 Swann Street, N.W. was a rooming house. Thus, if a stranger appeared at the front door, ap-pellees, as residents, had authority, and were in a position, to deny entry.[3] (If appellee Booth had consented to Officer Terrell’s entry, we cannot believe the government would not vouch for his authority to regulate entrance.)

In sum, we conclude that appellees had standing to challenge Officer Terrell’s entry because they had a legitimate expectation of privacy in the front hallway of the house they shared, which was not obviously a rooming house open to the general public.

III.

We turn to the question whether Officer Terrell’s entry was justified. “[I]t is a cardinal principal that ‘searches conducted outside the judicial process, without prior approval by judge or magistrate, are per se unreasonable under the Fourth Amendment — subject only to a few specifically established and well-delineated exceptions.’ ” Mincey v. Arizona, 437 U.S. 385, 390, 98 S.Ct. 2408, 2412, 57 L.Ed.2d 290 (1978) (quoting Katz v. United States, 389 U.S. 347, 357, 88 S.Ct. 507, 514, 19 L.Ed.2d 576 (1967)).[4] One exception is “exigent circumstances.” A warrantless entry and reasonable search will be authorized if the dangers are such that the entry cannot be delayed. See, e.g., Warden v. Hayden, 387 U.S. 294, 87 S.Ct. 1642, 18 L.Ed.2d 782 (1967); United States v. Minick, D.C.App., 455 A.2d 874 (1983) (en banc); Brooks v. United States, D.C.App., 367 A.2d 1297 (1976); Dorman v. United States, 140 U.S.App.D.C. 313, 435 F.2d 385 (1970) (en banc). Typically, the exigent circumstances exception applies when police officers are pursuing an offender who they have probable cause to believe committed a known offense. See id. Several courts, however, have extended the exception (or have created another exception) to permit warrantless entry in an “emergency” requiring preventive action, even though no crime assuredly has been committed; e.g., a person inside the premises is reasonably believed to be in peril. See note 6 infra and accompanying text.

[*1355] In the present case, the trial court did not apply the “emergency” line of cases. In effect relying on the case law represented by Brooks, supra, and Dorman, supra, the court found that Officer Terrell confronted “exigent circumstances” but did not have “probable cause to believe that an assault actually occurred in that house” — a prerequisite for “go[ing] in without a search warrant.” The court accordingly suppressed evidentiary use of appellee White’s statement and the broom handle.

We disagree with the trial court’s analysis, for we are persuaded by the line of cases establishing the “emergency” exception to the warrant requirement.[5] While not directly ruling on the emergency exception, the Supreme Court has stated that it does “not question the right of the police to respond to emergency situations” and cites “[n]umerous state and federal cases [that] have recognized that the Fourth Amendment does not bar police officers from making warrantless entries and searches when they reasonably believe that a person within is in need of immediate aid.” Mincey, supra, 437 U.S. at 392, 98 S.Ct. at 2413 (footnotes omitted). The Court noted, however, by analogy to the Terry line of cases authorizing a stop and frisk on less than probable cause to arrest, that a warrantless search (and, presumably, a warrantless entry), in an emergency situation, “must be ‘strictly circumscribed by the exigencies which justify its initiation.’ ” Id. at 393, 98 S.Ct. at 2413 (quoting Terry v. Ohio, 392 U.S. 1, 25-26, 88 S.Ct. 1868, 1882-1883, 20 L.Ed.2d 889 (1968)).

The emergency exception is well established in the case law of other jurisdictions, both federal and state. For example, the United States Court of Appeals for the Second Circuit has held that, when a police officer heard screams emanating from a hotel room, the officer had a “duty” to investigate by entering the room to determine whether anyone was in need of aid, even though an occupant had informed the officer that assistance was not needed. United States v. Barone, 330 F.2d 543, 545 (2d Cir.), cert. denied, 377 U.S. 1004, 84 S.Ct. 1940, 12 L.Ed.2d 1053 (1964) (“The right of the police to enter and investigate in an emergency without the accompanying intent to either search or arrest is inherent in the very nature of their duties as peace officers, ... ”). Similarly, in People v. Gallegos, 13 Cal.App.3d 239, 91 Cal.Rptr. 517 (1970), when the police answered an anonymous phone call that the defendant had overdosed, and a young girl answering the door said she could not arouse him, the officer’s entry was justified as a “lifesaving operation,” even though the officer did not have probable cause to arrest the defendant at that time. Id. at 243, 91 Cal.Rptr. at 519. Finally, in a case similar to the one now before us, the Washington Court of Appeals held that when a police officer received a dispatch for “trouble unknown” at an address, arrived and knocked but did not get a response, and then saw a man “swaying” through a partially opened curtain, his war-rantless entry was justified. State v. Sanders, 8 Wash.App. 306, 506 P.2d 892 (1973).[6]

In view of such precedent, we conclude that the trial court erred in basing its decision on whether Officer Terrell had probable cause to believe an offense had been committed inside the rooming house. Instead, the court should have considered the “emergency” exception to the warrant requirement and appraised the validity of the entry and related search by reference to whether its three criteria were satisfied. First, the police officer must have probable cause, based on specific, articulable facts, to believe that immediate entry is necessary to assist someone in danger of bodily harm[*1356] inside the premises.[7] Second, the entry must be tailored carefully to achieve that objective, see Mincey, supra 437 U.S. at 393, 98 S.Ct. at 2413; the officer can do no more than is reasonably necessary to ascertain whether someone is in need of assistance, and then to provide that assistance.[8] Finally, the entry must not be motivated primarily by the intent to arrest or to search, but by an intent to investigate a genuine emergency and to render assistance.

In the present case, an emergency situation did justify Officer Terrell’s war-rantless entry into the front hall of the rooming house. There were specific, articu-lable facts giving Officer Terrell probable cause to believe entry was necessary to render assistance: he had received a radio report that an assault was in progress at 1620 Swann Street, N.W.; when he arrived at that address, the person answering the door, appellee Booth, had dried blood on his face; and Booth did not respond to Officer Terrell’s question as where the blood came from.[9] Moreover, the scope of Officer Terrell’s entry was “strictly tied to and justified” by the circumstances. Warden, supra 387 U.S. at 310, 87 S.Ct. at 1651 (Fortas, J., concurring). He stepped over the threshold and inquired whether anyone in the living room had called the police. When they responded negatively, Terrell turned to leave. At that point, with Terrell on his way out, the complaining witness — with blood on his face — opened his second floor bedroom door and summoned the officer. Finally, at the time of entry, Officer Terrell did not intend to arrest or search but to determine whether his assistance was needed. He testified at the suppression hearing: “[Appellee Booth] had blood on his nose, so I had reason to believe that somebody in there had been injured,” and again, “I just looked in the room to see if anybody was hurt.”

Accordingly, the trial court erred in suppressing evidentiary use of the broom handle and appellee White’s statements as fruits of an unlawful entry.

Reversed and remanded for further proceedings.

1

Appellee White originally moved to suppress her statements on the ground that they were in violation of Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966). The suppression hearing focused on the Fourth Amendment issue, however, and the tried court did not rule on the Miranda question. That issue is not raised here.

2

We also note that, contrary to appellees’ assertion, the government has preserved for appeal its claim that appellees lacked standing. Unlike the situation in Steagald v. United States, 451 U.S. 204, 101 S.Ct. 1642, 68 L.Ed.2d 38 (1981), the government did raise this argument at the suppression hearing and is not foreclosed from addressing it here.

3

Cf. Villine v. United States, D.C.App., 297 A.2d 785, 786-87 (1972) (when defendant shares apartment with co-tenant who has right to be present in at least jointly shared areas of the apartment, defendant runs risk that co-tenant would consent to a search of the common areas).

4

Appellee Booth alleges that Officer Terrell’s entry was infirm because it also violated 18 U.S.C. § 3109, in that Terrell failed to identify himself and state his purpose. We make no finding as to appellee’s factual assertion but note that exceptions to the Fourth Amendment warrant requirement are also exceptions to 18 U.S.C. § 3109. Sabbath v. United States, 391 U.S. 585, 591 n. 8, 88 S.Ct. 1755, 1759 n. 8, 20 L.Ed.2d 828 (1968).

5

Our deference to the trial court in this context is limited to its factual findings. See Brooks, supra.

6

See also People v. Amato, 193 Colo. 57, 562 P.2d 422 (1977) (en banc); State v. Resler, 209 Neb. 249, 306 N.W.2d 918 (1981); People v. Mitchell, 39 N.Y.2d 173, 347 N.E.2d 607, 383 N.Y.S.2d 246, cert. denied, 426 U.S. 953, 96 S.Ct. 3178, 49 L.Ed.2d 1191 (1976); State v. Plant, 28 Or.App. 771, 561 P.2d 647 (1977).

7

There is some authority that the police officer need have only a reasonable belief that his or her assistance is necessary. See, e.g., Mitchell, supra; Sanders, supra; Model Pre-Arraignment Code § SS 260.5. We believe the probable cause formulation is preferable.

8

However, inadvertent observations of objects in plain view, made by an officer from a place where he or she has a right to be, do not constitute a search for Fourth Amendment purposes. Coolidge v. New Hampshire, 403 U.S. 443, 466-67, 91 S.Ct. 2022, 2038-2039, 29 L.Ed.2d 564 (1971).

9

The trial court found that these facts amounted to exigent circumstances but decided that Officer Terrell should have remained outside to investigate further, e.g., confirming the address on the radio, listening for noises, etc. While these options may have presented lesser intrusions, they were not constitutionally mandated where, as here, exigent circumstances justified the entry in order to prevent bodily harm. See Gallegos, supra 13 Cal.App.3d at 243, 91 Cal.Rptr. at 519.

Concurrence

KERN, Associate Judge,

concurring:

Given the emergency circumstances which brought the police officer to the door of 1620 Swann Street, N.W., and the dried blood on the face of appellee Booth who answered the door, I am persuaded that the trial court erred in concluding the officer should have remained outside rather than entering and also erred in suppressing the evidence the officer seized there. I do not deem it necessary to reach the issue of standing upon the record before us which leaves unclear the type of dwelling the Swann Street house was and the living arrangements therein. Accordingly, I limit my concurrence to the judgment reversing and remanding for further proceedings upon the ground that the trial court’s suppression ruling upon the facts was erroneous as a matter of law.