home based on it perceived emergency the court expressed fully declined to apply united states versus nice to this case because the searching officer lot of male subject out of control control and nine nine eleven hang up however when the officer arrived and he questioned this this is marking this was in the front yard starving for a yard she was crying but she was not injured at all and did not tell the officer anything other than that they had been arguing and that her husband monro was in the house and was upset  suggesting that he should have just left but i do think there were other means available short of entering this home without warrant he made no attempt to interview this is marching as at all to find out what in fact it happened  attempt to question the boy who was at the door i need to talk to your dad he made no attempt to call inside the residence i mean there are a number of things i think he could have done now  inside the house before doing that i think he should have at least interviewed mr martinez or at least found out well what happened is he doesn't have a weapon is he hurt now and once he does go in the house i think this goes a little further once he does go in the house i also submit that under the emergency doctrine the scope of that search has to be limited to finding out if there's an emergency or not and leaving the house in this case he takes mr martinez out to the firehouse using a different route than he used to go in the house and i submit that once he discovers mr martinez in the bedroom discovers that no once no one is hurt or he's not hurt he doesn't have well i mean i think i think you know i think that's going beyond what was necessary to determine whether there was an emergency or not to take him through other parts of the house he could have just taken him out of that room security to make sure  i think it has to be circumscribed limited in scope and under the circumstances considering there's not a war that has to be tailored to the perceived emergency and there simply wasn't any sign of an emergency  disclaiming and as i said earlier it was not a cry for help just decisively going house and leaders as i went in there to see if anybody to see what was going on to see if anybody needed to be arrested the times under two disconnect he did not go there on his own for he knew from his experience that it was a residence with a history of domestic violence when he arrived there and heard the angry yelling coming from inside the house he had a duty to determine the source of that yelling determine whether there was a risk either to the person who was yelling or to anyone else on the scene he made that determination here recently matter of entering the house and once he entered he stop in questions about circumstances that would be in the sense of front door because that's where mrs martinez was and it was the officers attempt to keep them separate both for interviewing purposes and for the purpose of safety of the officers testimony was that although martinez was free to leave he wasn't free to leave in any direction  the government need martinez's response to the officers were to move now to weapons to tie him to them well it certainly would be helpful i mean the government could have tried this for martinez without police show up in an unexpected matter to a person's home i think the initial question is why didn't he show up to the police go there with the intent to investigate a crime of their own accord if they have an idea in their mind that mr martinez was a to make sure that someone hasn't been stabbed or beaten up or in any other way her so i think in this scenario we have to give some deference to the police judgment when they're called a residence feistiness and for emergency entry into the house emergency had diminished to some extent because he knew that martinez was not injured but he still had a situation where the nine one one call had been disconnected he didn't know why he couldn't simply allow martinez and his wife to come back together either in the house or outside without taking some steps to determine if the situation wasn't going to explode again understand the emergency as the basis for the war purposes of our discussion here right up to the point were there in the living room martine a suspect protected from the weapons he's not threatening the officer in any way and in fact he's pretty cooperate when he's asked about who weapons need tells him the god's honest truth he was trying to hide when the police were coming but what sort of an emergency basis existed at that point in time there in the living room weapons are visible to the officer martinez was physically separate from ukraine is about ownership of the guns or leave there are other alternatives are sure there's any number of alternatives and he could have collected because they'll stay right there unless you give me your consent to take these weapons i'm going to get a search w the suggestion is argument that the officer could have walked marching years into the backyard i mean that was an alternative but that doesn't invalidate with the officer did having walking in the backyard funk sound the guns out there would be having the same argument on the officer took what talk to mr martinez and when he talks to mr martinez and ask mr martinez to move to the other room the question is is that attention or not i think it's arguably the movement from one room to the other arguably consensual because the officer a place where he has a right to be he asked mr martinez to move to another room without hands on without coercion without yelling and mr martinez complies without hesitation so i think there is an argument that when the officers a place where he has a woman she's crying there was an argument and nobody saw her or she's not injured and there's the guys inside the house yelling and that's if there's no specific information or nothing i  the several other occasions they have been called to that residence before and she had been the victim she had had a fat lip at one time but on this occasion she was not there was no sign of injury and the officer made no attempt to even ascertain for president they come forward