who's the court counsel there are two principal issues in this case i'm going to deal with the primary issue which is emergency a doctor and whether it applies in this case and contacted that individual made them work in close enough proximity or didn't want to approach the person because obviously the officers may not have known what kind of circumstance they were dealing with if those three items   certainly a great responsibility to us in general for officers to assist persons with serious injuries or potential threats those kinds of things it's just that we also have countervailing on the other side the right of individuals to be safe in their homes and from where they should be officers as well i think they've knocked on the door that they could have knock on the door they could have announced if they knock on the door the auster specified they did the some kind of announcement saying hey is anybody home what the officers walked in they walked in and they should not have walked in well it's my belief that they should've knocked and knocked and announced and then when they announce individual walking into the house to see if that person knew of any particular circumstance that there was nothing to indicate to the officers that there was any particular problem certainly they have the and i knock on the door somebody comes to the door and i see any problem here just oh no problem seems to me that after that call in a policeman with a jaundiced eye i'm wondering if somebody is all wrapped up in is five o'clock in the morning it's pretty clear there's there's a lot going on at this house in a number of cars harvey don't recognise people walking in it it's not the place where you think that you know if there's something going on it's a burglary because the places is closed up tight and all the lights are off there's it's clear that there's some of that there's some of the brigham city case were were quite a bit different yasir personally observed some some issues going on here going up to the house the officers really had nothing other than just  the calls it all the call and the anonymous call without any verification well if it was a snitch and they were investigating past crime then call when officers reach receive a call like this if it is everything fully warranted i mean they can just going in anybody's house that at any time if there is an emergency call and i'm not sure that the that that that's where the law should be you can please the court and counsel i'd like to first go through the facts as they were developed on the record it suppression hearing dispatch of court hall received as phone call that in the suppression hearing the dispatcher related lez and hysterical male calling and screaming get cops now to dennett's night residence she immediately relayed that information to the officers on of the officers rodriguez and massey on a secure very concerned that someone was hurt or injured that there was an emergency there once they walked into the house and almost from the moment they walked into the house they develop probable cause for that going for drugs right words he called would not have been an emergency call somebody said quick somebody get over the sunny side house or using drugs right but once they got into the house and saw the group of people there are some of whom they were familiar with one was a neighbor of one of the officers and saw that there didn't appear to be any alarm there i think their fears were somewhat allayed although of course what they did do was go around to the house and look through all the rooms they saw a woman and a child i should say a teenager and a child sweeping in one of the rooms which i think probably allayed the officers fears that any kind of emergency had recently been occurring within the last five minutes because there was a child and a woman asleep when that door was down and i think under the circumstances where you have a small community like you do look for hall and officer rodriguez again no you're with the neighbor with residence with the with at least one  familiar with these individuals once they got into the house the door that testimony is very clear from rodriguez and massey that they knocked on the door and as they knocked the door came open when the door came open officer rodriguez s individual right in front of the door that he didn't recognize that's when he went in and or looked around the corner it's somewhat unclear exactly what he did that he could see some people table but not all of them and he didn't recognize the ones that he saw when he looked in the house from the time he knocked on the door that's when he could hear voices as well that's when he went inside the house and then immediately saw the drug deal going on around the they saw the officers answer the house so there was an attempt to get rid of the drugs that were right out there in the open it was a small a small house and you could be a rodriguez testify that he could see an individual on the chair on the couch as he walked in but that he could also see some individuals in a dining room that had to go in and see a rest stop the circumstances here i think are of a type that as a community if the officers had not responded in exactly the way they had that the community would not have been pleased if the officers had responded and in another way you have a hysterical male saying we need help now it's five o'clock in the morning on january first a cold dark day they get there they one officer rodriguez sees someone he doesn't a car he doesn't recognize in the field he does not recognize walking into the house and officer massey testifies that he can see lights that as they walk to that house and knock on that door their fears are then confirmed are someone in the house that they don't recognize and they go in and to see what's going on and i don't think that we can police to do anything differently than what they did the call with an untraceable dispatcher testified and the officers responded very quickly to the  request for their so that really the cries for their assistance not just a request and as soon as they walk into the house and develop the probable cause that results in the search warrant and the finding of the actual weapon that's an issue in this case and for which was never here for any testimony from the officers other observations of the sleeping girl and child that they felt like their fears that someone in the house was hurt or injured her head immediately i mean i think the response time was five minutes right around five minutes that that there was anybody  just for the heat or whatever where they say well once we try out i don't need everything is ok that's my conclusion your honor and i believe the district court and its finding stated that stripes offer to allow mass to take down the door likely allayed officer massif concerned since it is highly unlikely that snipe would allow an officer to kick down the door if you were trying to hide the contents of the room and of course the district on over the last i think five years but that he had been raised in that home and lived there off and on currently but that it was his father's residence and mr officer rodriguez knew that fact about this residence and sonny snipes explanation about that quote was unlocked or was that those were his father's things and that's why the door was locked because his father kept things in there well now the officers used the information they got from the was real record of the reservation was made and not objected to and we agreed to by the judge in the future i can't say that it went so far as agreed to by the prosecutor but i certainly did not object to it and i understood that it was the if the officers wanted to do that they didn't do that my recollection is that that room later was searched when the search