the people carol winston assistant public defender from ariel loma morning the people assert in this case that the trial court erred in granting the defendant's motion to quash arrest and suppress evidence the entry in this case into the apartment was evidence that he found no objective basis on which to conclude that the officer pressed directly to any particular apartment in that building let me stop you right there because let's say the call did come in and say rear apartment into the police station it necessarily creates an emergency which necessarily gives the police a right to enter anyone's home the call it depends on what the  fired the police have the right to enter that bad apartment even against the wishes of the the person present at that apartment in this situation and we look at each the circumstances of each case that was a yes or no question i mean isn't that what you're saying you're saying that based on the nature of the call that the police had a right to enter the the this apartment that because an emergency aid exception applies to the to the alert require us because the c why the crowds outside not enough here but i think under the circumstances in this case to say that officers could not under those circumstances when they knocked on the door and i child answered the door there were small children the apartments there were two women there the defendant came from another area but under those circumstances with them to just three minutes of receiving on these cars they arrived on the scene that that this would be i danced public policy  interests in protecting citizens in my white wireless probably well as they say in that very situation that you've just described that when you have adults present in the apartment the officer shoots should ask a question or two before stepping into permission to enter your unit what if what if the one of the adults that said i'm not giving you permission to enter the you first i'll answer all your questions no no no no no and i'm not giving you permission to enter my unit the officer still have the right to disregard the lack of consent of the president of the adult president say i'm still entry respectfully your honor in asking all those questions the officers would have been losing question time based on what they knew at that time knock and say oh you know please let me in we're going to break down the door because smoke is coming from the apartment where he also was outside the door heard gunshots within the apartment he's going to break down the door and go into the apartment and that's the situation that's an emergency aid situation it isn't an emergency aid situation to receive a call saying shots were fired multiple calls were made shots fired at near this location at this location and maybe even one or two people in the in the unit emergency situation did not exist but the judge did not so that in this case your honor and based on you know everything that was present presented to the officers at this time we maintain people maintain that the officers if anything wrong has anybody heard if you hear gunshots there was a question history officer should have asked when the door opened and when he saw a completely peaceful scene with women in children there was nothing he saw outside the apartment no sign before the entered that also might cast doubt on the call the shots were fired inside the unit as opposed to outside the unit absolutely correct yes but the call step were called in here said that believe that something is going on and specially when he's heard dead gunshots and been heard inside that apartment where for spectrum's bears nothing in the officers testimony indicating he dulce did not want to be seen there is nothing indicating to meet any third of movements  try to hide themselves i know a little chap came to the door and i saw a bunch of adults and they ignored me i would wonder about that again i don't think there's any testimony if you don't for going to the officer with the testimony is when the officer said everyone else everybody moved out and even mario came from the back and without to with are still your head your operation he didn't have any resistance again i like some of the cases some of us supreme court case but our standard of review are more of a standard review is truthful as the finding of facts you because there was a police report done and the officer was asked well in the police report did you indicate you were directed to a specific apartment and the only thing on the report was the address so we don't know how good the police officers memory officer says fitz i don't see feel that to try to say i'm finally back i think on the motion for reconsider it's clear he's saying no there is no objective evidence and i think he's putting weight on the fact that the report did not mention any specific location it just mention the the complex itself so i'd be bedell it differently and even if even if the call to commit even if there was one call victim and that shots were fired inside the unit is that necessarily trigger the emergency aid exception or i don't believe it did i mean for one thing it would be different if a call said i heard shots fired and i heard someone screaming that would indicate that there was an emergency or we  businesses was between the inside unit and where the shell casings were recovered so that anyone hearing shots being fired from out just outside the door where the shell casings were recovered mi versus fisher brigham city versus stewart and if you look at the cases that we find is yes there's an initial call but when the police arrive they see something going on in michigan versus fisher bas base see they see for good don'ts restraining a teenager he breaks away any punches one in the face and they see the guy spit blood so they actually see fighting going on and the court said they could hear a fight they could see  of these cases ripe and burst stuff now it's a little different it was a civil rights violation case against the police but what happened then it's a school principal calls the police and says rumors that this guy's going to shoot up the school and the police concern they follow what resources as a conversation the mother the father the kid and the officers five to ten minutes may leave they do not search back have said all even though they going to investigate previously man's house this is castle and he resigned his position in massachusetts to argue against a recipe assistance so we have a long tradition that when you're in your house you have special protections that the police have to honor for not  about to conclude that the officers in this case would have had to see the shots or hear the shots fired themselves in order to trigger the emergency aid exception flies in the face of the public policy that is behind this this address one call would have been i'm not saying let it out but i'm just saying in this case it wasn't where it was even and what if the same time to call them all behind them because now i will say they received a call even if they received one count of shots fired within that apartment when the officers arrived there the door was answered by a two or three year old a child at that point to waste precious moments apartment i think that also adds to the knowledge they had at the time whether someone was in the bedroom being how what if there was another child in there and i think under the circumstances in this case the officers would justify under this exception in