# NC: Cops pepper spray black foster son of white family

**URL:** <https://boards.straightdope.com/t/nc-cops-pepper-spray-black-foster-son-of-white-family/700795>\
**Category:** The BBQ Pit\
**Created:** [October 8, 2014, 8:17pm UTC](https://boards.straightdope.com/t/nc-cops-pepper-spray-black-foster-son-of-white-family/700795 "2014-10-08T20:17:25Z")\
**Posts on this page:** 20\
**Page:** 32

<div class="post-metadata">

**Author:** ![Shodan](https://avatars.discourse-cdn.com/v4/letter/s/9f8e36/32.png) [@Shodan](https://boards.straightdope.com/u/Shodan)\
**Post date:** [October 14, 2014, 4:55pm UTC](https://boards.straightdope.com/t/nc-cops-pepper-spray-black-foster-son-of-white-family/700795/621 "2014-10-14T16:55:10Z")

</div>

> [@you\_with\_the\_face](#):
>
> The same evidence that supported “a burglary in progress” also implicated Currie, which is why he was detained and interrogated. If that was insufficient to arrest him, you need to support why it was sufficient to barge into his home and search the premises.

Because the police had reasonable grounds to believe that a burglary might be in progress, but no probable cause to arrest Currie. Which is why he wasn’t arrested. He was detained, which only needs reasonable suspicion, which the police had based on the facts that the neighbor said she did not recognize him, and his ID indicated that he did not live there (despite what he claimed). The fact that he claimed to be a child of the homeowners but did not appear in any of the pictures on display added to the suspicion.

He was detained while they contacted the homeowners, since they could not otherwise verify his story and thus resolve the reasonable suspicion. Unfortunately Currie became obstreperous and assaultive, so they pepper sprayed him in order to subdue and cuff him.

IOW the police had legal justification for everything they did, from entering the residence to requiring identifying information from a suspicious stranger, and detaining him while investigating, and finally for pepper spraying him in order to subdue him while being detained.

Regards,  
Shodan

---

<div class="post-metadata">

**Author:** ![MaxTheVool](https://avatars.discourse-cdn.com/v4/letter/m/9fc29f/32.png) [@MaxTheVool](https://boards.straightdope.com/u/MaxTheVool)\
**Post date:** [October 14, 2014, 4:55pm UTC](https://boards.straightdope.com/t/nc-cops-pepper-spray-black-foster-son-of-white-family/700795/622 "2014-10-14T16:55:38Z")

</div>

> [@you\_with\_the\_face](#):
>
> Only because you have more access to information than they did. Currie and the grandfather were equally innocent and in the dark about their cops behavior.

Agreed

> [@](#):
>
> The information used against them in both cases should have been questioned more before being treated as rock solid truth.

I disagree here. And if even if I agreed, the reasoning is totally different in both cases.

Furthermore, and this seems to be a fundamental disagreement here, and what I was trying to get at with my hypothetical above involving clearly flawed warrants; I don’t think that it’s reasonable to look at a situation and say “well, side A made a big mistake which caused the situation in the first place, therefore we don’t even bother CONSIDERING whether side B made mistakes, because since A made mistakes first, B is the aggrieved victims period paragraph end of story”.

If cops are supposed to serve a warrant at 123 Elm street, and go to 125 Elm street instead, and the homeowners there see the cops knocking on the door, realize that they are cops, are crazy fringe extremist militia guys with stupid views about sovereign right to their land, and ambush and kill the cops with their large collection of firearms, they should clearly be tried for murder, even though the cops idiotically screwed up the warrant in the first place.

---

<div class="post-metadata">

**Author:** ![Morgenstern](https://avatars.discourse-cdn.com/v4/letter/m/f9ae1b/32.png) [@Morgenstern](https://boards.straightdope.com/u/Morgenstern)\
**Post date:** [October 14, 2014, 4:57pm UTC](https://boards.straightdope.com/t/nc-cops-pepper-spray-black-foster-son-of-white-family/700795/623 "2014-10-14T16:57:37Z")

</div>

> [@you\_with\_the\_face](#):
>
> Only because you have more access to information than they did. Currie and the grandfather were equally innocent and in the dark about their cops behavior.

That is totally irrelevant. This is the Currie, we’re discussing the Currie incident.  
Had he (Currie) cooperated he would have been informed. But that’s not the path he took is it?

> [@you\_with\_the\_face](#):
>
> The information used against them in both cases should have been questioned more before being treated as rock solid truth.

With respect to Currie, \*\*That’s exactly what they were trying to do.  
\*\*

How many times to people here have to explain this to you before you get it?

---

<div class="post-metadata">

**Author:** ![iiandyiiii](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/iiandyiiii/32/7924_2.png) [@iiandyiiii](https://boards.straightdope.com/u/iiandyiiii)\
**Post date:** [October 14, 2014, 5:04pm UTC](https://boards.straightdope.com/t/nc-cops-pepper-spray-black-foster-son-of-white-family/700795/624 "2014-10-14T17:04:32Z")

</div>

> [@Shodan](#):
>
> IOW the police had legal justification for everything they did, from entering the residence to requiring identifying information from a suspicious stranger, and detaining him while investigating, and finally for pepper spraying him in order to subdue him while being detained.

This supposes the police reports are accurate, of course, and that Currie’s statements are not.

---

<div class="post-metadata">

**Author:** ![Bricker](https://avatars.discourse-cdn.com/v4/letter/b/977dab/32.png) [@Bricker](https://boards.straightdope.com/u/Bricker)\
**Post date:** [October 14, 2014, 5:08pm UTC](https://boards.straightdope.com/t/nc-cops-pepper-spray-black-foster-son-of-white-family/700795/625 "2014-10-14T17:08:35Z")

</div>

> [@you\_with\_the\_face](#):
>
> Which is a meaningless statement if you can’t explain how _this_ tip actually sustained probable cause. If you can’t do that–or at least furnish evidence in which a complaint of similar flimsiness was successful argued in court to justify warrantless entry–then I remain unpersuaded.

Well, you’re right to assign a heavy burden to the police actions. Warrantless entry into a home is presumptively unreasonable. The burden falls to the police to demonstrate that their actions fall within a recognized exception to the warrant requirement.

But… in cases that involve a reported burglary, the courts have generally found such an exception to exist.

We discussed _US v. Langley_ above, in which the report came to the police of a suspected burglary because a rental truck was parked in the driveway. The police entered the home without a warrant.

In _Carroll v. State of Maryland_, 646 A.2d 376 (1994), officers observed a rear apartment screen door open and a pane of glass missing from the door’s window. The door itself was approximately two inches open. I mention this case because the opinion upholding the warrantless entry was remarkable in that it supplied a veritable parade of decisions from around the country holding similarly:

> [@Carroll v. State](#):
>
> Until today we have not considered whether, under the exigent circumstances exception to the warrant requirement of the Fourth Amendment, law enforcement officers may enter a home without a warrant for the purpose of investigating a probable burglary. Although the Supreme Court has not addressed this specific issue, the numerous state and federal courts which have considered this question have all held that warrantless entries are justified on the basis of exigent circumstances when the police reasonably believe that a burglary is in progress or has recently been committed. See United States v. Johnson, 9 F.3d 506, 509-10 (6th Cir.1993); Reardon v. Wroan, 811 F.2d 1025, 1029-30 (7th Cir.1987); United States v. Valles-Valencia, 811 F.2d 1232, 1236 (9th Cir.), amended on other grounds, 823 F.2d 381 (9th Cir.1987); United States v. Singer, 687 F.2d 1135, 1144 (8th Cir.1982), adopted in relevant part, 710 F.2d 431 (8th Cir.1983); Mann v. Cannon, 731 F.2d 54, 59 & n. 5 (1st Cir.1984); United States v. Estese, 479 F.2d 1273, 1274 (6th Cir.1973); Carter v. State, 405 So.2d 957, 960 (Ala.Cr.App.), cert. denied, 405 So.2d 962 (Ala. 1981); Duncan, 227 Cal. Rptr. at 656-58, 720 P.2d at 5-6; People v. Unruh, 713 P.2d 370, 379-80 (Colo.), cert. denied, 476 U.S. 1171, 106 S.Ct. 2894, 90 L.Ed.2d 981 (1986); People v. Berow, 688 P.2d 1123, 1126-27 (Colo. 1984); State v. Mann, 440 So.2d 406, 408 (Fla. Dist. Ct. App. 1983); Commonwealth v. Fiore, 9 Mass.App.Ct. 618, 403 N.E.2d 953, 954-56, cert. denied, 449 U.S. 938, 101 S.Ct. 336, 66 L.Ed.2d 160 (1980); In re Forfeiture of $176,598, 443 Mich. 261, 505 N.W.2d 201, 206 (1993); State v. Metz, 422 N.W.2d 754, 756-57 (Minn. Ct. App. 1988); State ex rel. Zander v. District Court, 180 Mont. 548, 591 P.2d 656, 659 (1979); State v. Crabtree, 655 S.W.2d 173, 179 (Tenn. Crim. App. 1983); State v. Bakke, 44 Wn.App. 830, 723 P.2d 534 (1986), cert. denied, 107 Wn.2d 1033 (1987); cf. United States v. Erickson, 991 F.2d 529 (9th Cir.1993); United States v. Selberg, 630 F.2d 1292, 1295-96 (8th Cir.1980); State v. Bramson, 94 Or.App. 374, 765 P.2d 824, 826 (1988); State v. Muir, 67 Wn.App. 149, 835 P.2d 1049, 1051-53 (1992).

> [@you with the face](#):
>
> Would appreciate if you could weigh into my thought process below:
> 
> The reason I have for my position is simple. I imagine what would have happened if the cops had knocked and engaged Currie under the assumption he was a lawful resident. If Currie came to the door to inform them that he lived there and promptly showed them his ID (and a background search revealed no relevant priors), then are yall really saying the cops would have had the grounds to barge in without his consent and interrogate him? I don’t see how this would be legally possible. Without probable cause that a burglary was in progress (reasonable suspicion is not probable cause), the cops would’ve needed to stay put unless Currie invited them in.
> 
> If the cops had summoned Currie to the door and the above happened, would the cops been authorized to say “We have probable cause to believe you’re a burglar. Put your arms in the air and stand aside while we search the house for signs you belong here.”? I’m asking this sincerely. Without introducing any other information to this hypothetical, does this sound legal to you?

Your instinct on that hypothetical is good, I think. If Currie had come to the door and showed them that he was a resident, then probable cause would no longer exist.

But remember: probable cause exists when the facts and circumstances within the officer’s knowledge, and of which he has reasonably trustworthy information, alone are sufficient to warrant a person of reasonable caution to believe that an offense has been or is being committed.

This means _all_ the facts and circumstances.

So if the police chose to approach the situation more non-confrontationally, a brief investigation (asking for ID at the door) would reveal additional facts, and the balance of known facts and circumstances would then shift away from believing an offense was being committed.

But while this is almost certainly true, it’s not something that the Fourth Amendment requires.

The police entry to investigate the reported burglary was, _at the instant it happened_, justified by a well-recognized exception to the Fourth Amendment’s warrant requirement. It’s true that additional investigation would most likely have dispelled that exception. But the Fourth Amendment does not mandate that extra investigation.

---

<div class="post-metadata">

**Author:** ![Bricker](https://avatars.discourse-cdn.com/v4/letter/b/977dab/32.png) [@Bricker](https://boards.straightdope.com/u/Bricker)\
**Post date:** [October 14, 2014, 5:12pm UTC](https://boards.straightdope.com/t/nc-cops-pepper-spray-black-foster-son-of-white-family/700795/626 "2014-10-14T17:12:06Z")

</div>

> [@you\_with\_the\_face](#):
>
> Support this claim with fact.
> 
> Again, for the third time, from 449 F. 3d 741 - United States v. Brown:
> 
> The same evidence that supported “a burglary in progress” also implicated Currie, which is why he was detained and interrogated. If that was insufficient to arrest him, you need to support why it was sufficient to barge into his home and search the premises.

But the same evidence didn’t implicate Currie to the same degree. In other words, a burglary could be in progress AND Currie could be an innocent resident. As to Currie, the police had reasonable suspicion, justifying a brief investigative detention. As to the burglary itself, they had probable cause.

---

<div class="post-metadata">

**Author:** ![Bone](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bone/32/407_2.png) [@Bone](https://boards.straightdope.com/u/Bone)\
**Post date:** [October 14, 2014, 5:21pm UTC](https://boards.straightdope.com/t/nc-cops-pepper-spray-black-foster-son-of-white-family/700795/627 "2014-10-14T17:21:37Z")

</div>

What \*\*Bricker \*\*said. Or what I said - _“The evaluation of the two different actions are not the same. Conflating the two would be an error on your part.”_

---

<div class="post-metadata">

**Author:** ![billfish678](https://avatars.discourse-cdn.com/v4/letter/b/7bcc69/32.png) [@billfish678](https://boards.straightdope.com/u/billfish678)\
**Post date:** [October 14, 2014, 5:27pm UTC](https://boards.straightdope.com/t/nc-cops-pepper-spray-black-foster-son-of-white-family/700795/628 "2014-10-14T17:27:24Z")

</div>

An observation.

If your legal analysis requires either an all knowing being, the ability to read minds, or a time machine then I would suggest the analysis is not quite complete.

---

<div class="post-metadata">

**Author:** ![Left\_Hand\_of\_Dorkness](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/left_hand_of_dorkness/32/7156_2.png) [@Left\_Hand\_of\_Dorkness](https://boards.straightdope.com/u/Left_Hand_of_Dorkness)\
**Post date:** [October 14, 2014, 5:43pm UTC](https://boards.straightdope.com/t/nc-cops-pepper-spray-black-foster-son-of-white-family/700795/629 "2014-10-14T17:43:07Z")

</div>

> [@Morgenstern](#):
>
> They did. They asked him who he was and why he was there. When the information didn’t match the other evidence they observed, they proceeded to investigate

> [@Left\_Hand\_of\_Dorkness](#):
>
> Admittedly it’s been several days since I read the report, but I don’t remember anywhere in there where they asked him these questions. I recall his volunteering this information and being ignored by the cops when he did, and I recall them challenging him on why his ID did not show his current address. If they asked him who he was and why he was there, can you please cite that?

Okay, I went back to the report. According to Lane:

> [@Lane](#):
>
> I then asked Currie if he lived there…  
> I asked Currie if he was the only one in the house…  
> Sgt. Taylor asked Currie why he had a different address on his ID…

But then Taylor says

> [@Taylor](#):
>
> Officer Lane asked him what his name was and where he lived…  
> I then asked Currie why his ID stated that he lived at a different address…

But then Stancil describes the whole incident without any questioning of Currie whatsoever.

So we have three different versions. According to Stancil, I’m right: he was never asked these questions. According to Lane, he was asked one of these questions. According to Taylor–the one whose report varies most markedly from the others and who sprayed Currie–he was essentially asked both these questions.

According to none of them did they say anything like, “We’re trying to figure out what’s going on,” or, “There’s been a report of a robbery, have you seen anyone suspicious in the house,” or anything else that would de-escalate.

---

<div class="post-metadata">

**Author:** ![Shodan](https://avatars.discourse-cdn.com/v4/letter/s/9f8e36/32.png) [@Shodan](https://boards.straightdope.com/u/Shodan)\
**Post date:** [October 14, 2014, 5:54pm UTC](https://boards.straightdope.com/t/nc-cops-pepper-spray-black-foster-son-of-white-family/700795/630 "2014-10-14T17:54:58Z")

</div>

> [@iiandyiiii](#):
>
> This supposes the police reports are accurate, of course, and that Currie’s statements are not.

I don’t believe Currie has denied that a neighbor reported him, that his ID did not match the address, that he did not appear in any of the pictures in the house, that the police detained him, or that he was pepper sprayed. Or that he became irate during the course of the investigation - his foster mother says he “[snapped](http://abcnews.go.com/US/wireStory/police-mistakenly-black-teen-home-burglar-26048791)” when police questioned him as to whether he lived at the address. (She wasn’t there when it happened, but it is near-contemporaneous).

This corresponds to the testimony of all the police officers, both the officer who sprayed him as well as Lt. Gatham, who arrived very shortly after the spraying who reported that Currie was still profane and screaming.

So Currie’s statements don’t really contradict what the police and EMS people say, or what his mother says - it seems to be more outrage at “How dare they pepper spray me - I live here!” without mentioning that they didn’t pepper spray him until after he snapped.

Regards,  
Shodan

---

<div class="post-metadata">

**Author:** ![iiandyiiii](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/iiandyiiii/32/7924_2.png) [@iiandyiiii](https://boards.straightdope.com/u/iiandyiiii)\
**Post date:** [October 14, 2014, 5:57pm UTC](https://boards.straightdope.com/t/nc-cops-pepper-spray-black-foster-son-of-white-family/700795/631 "2014-10-14T17:57:22Z")

</div>

> [@Shodan](#):
>
> I don’t believe Currie has denied that a neighbor reported him, that his ID did not match the address, that he did not appear in any of the pictures in the house, that the police detained him, or that he was pepper sprayed. Or that he became irate during the course of the investigation - his foster mother says he “[snapped](http://abcnews.go.com/US/wireStory/police-mistakenly-black-teen-home-burglar-26048791)” when police questioned him as to whether he lived at the address. (She wasn’t there when it happened, but it is near-contemporaneous).
> 
> This corresponds to the testimony of all the police officers, both the officer who sprayed him as well as Lt. Gatham, who arrived very shortly after the spraying who reported that Currie was still profane and screaming.
> 
> So Currie’s statements don’t really contradict what the police and EMS people say, or what his mother says - it seems to be more outrage at “How dare they pepper spray me - I live here!” without mentioning that they didn’t pepper spray him until after he snapped.
> 
> Regards,  
> Shodan

Being angry isn’t and shouldn’t be enough for pepper spray. Further, as **LHOD** notes, the officers’ reports are not consistent.

---

<div class="post-metadata">

**Author:** ![Shodan](https://avatars.discourse-cdn.com/v4/letter/s/9f8e36/32.png) [@Shodan](https://boards.straightdope.com/u/Shodan)\
**Post date:** [October 14, 2014, 6:01pm UTC](https://boards.straightdope.com/t/nc-cops-pepper-spray-black-foster-son-of-white-family/700795/632 "2014-10-14T18:01:49Z")

</div>

> [@Left\_Hand\_of\_Dorkness](#):
>
> But then Stancil describes the whole incident without any questioning of Currie whatsoever.

Stancil wasn’t in the room when Currie lost it during questioning - he was upstairs securing the rooms when he heard Taylor spray him. Stancil did report Currie “shouting and acting aggressively” while being cuffed.

Regards,  
Shodan

---

<div class="post-metadata">

**Author:** ![Shodan](https://avatars.discourse-cdn.com/v4/letter/s/9f8e36/32.png) [@Shodan](https://boards.straightdope.com/u/Shodan)\
**Post date:** [October 14, 2014, 6:05pm UTC](https://boards.straightdope.com/t/nc-cops-pepper-spray-black-foster-son-of-white-family/700795/633 "2014-10-14T18:05:49Z")

</div>

> [@iiandyiiii](#):
>
> Being angry isn’t and shouldn’t be enough for pepper spray.

Threats and assault may require it, though.

> [@](#):
>
> Further, as **LHOD** notes, the officers’ reports are not consistent.

Not to any significant degree. See above.

Regards,  
Shodan

---

<div class="post-metadata">

**Author:** ![Left\_Hand\_of\_Dorkness](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/left_hand_of_dorkness/32/7156_2.png) [@Left\_Hand\_of\_Dorkness](https://boards.straightdope.com/u/Left_Hand_of_Dorkness)\
**Post date:** [October 14, 2014, 6:06pm UTC](https://boards.straightdope.com/t/nc-cops-pepper-spray-black-foster-son-of-white-family/700795/634 "2014-10-14T18:06:42Z")

</div>

> [@Shodan](#):
>
> Stancil wasn’t in the room when Currie lost it during questioning - he was upstairs securing the rooms when he heard Taylor spray him. Stancil did report Currie “shouting and acting aggressively” while being cuffed.
> 
> Regards,  
> Shodan

Stancil was there during all the questioning I quoted from the other cops–all those questions supposedly occurred before anyone went upstairs. Taylor does not describe any questions occurring after the others went upstairs; if Currie lost it during questioning, he lost it while everyone was downstairs.

---

<div class="post-metadata">

**Author:** ![iiandyiiii](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/iiandyiiii/32/7924_2.png) [@iiandyiiii](https://boards.straightdope.com/u/iiandyiiii)\
**Post date:** [October 14, 2014, 6:11pm UTC](https://boards.straightdope.com/t/nc-cops-pepper-spray-black-foster-son-of-white-family/700795/635 "2014-10-14T18:11:14Z")

</div>

> [@Shodan](#):
>
> Threats and assault may require it, though.

And you take the officers’ word for it. I don’t. They may be telling the truth, but they may not be.

---

<div class="post-metadata">

**Author:** ![you\_with\_the\_face](https://avatars.discourse-cdn.com/v4/letter/y/ecccb3/32.png) [@you\_with\_the\_face](https://boards.straightdope.com/u/you_with_the_face)\
**Post date:** [October 14, 2014, 6:12pm UTC](https://boards.straightdope.com/t/nc-cops-pepper-spray-black-foster-son-of-white-family/700795/636 "2014-10-14T18:12:30Z")

</div>

> [@MaxTheVool](#):
>
> Furthermore, and this seems to be a fundamental disagreement here, and what I was trying to get at with my hypothetical above involving clearly flawed warrants; I don’t think that it’s reasonable to look at a situation and say “well, side A made a big mistake which caused the situation in the first place, therefore we don’t even bother CONSIDERING whether side B made mistakes, because since A made mistakes first, B is the aggrieved victims period paragraph end of story”.

The reason we make cops jump through certain hoops before entering a home and detaining someone is because the law understands such invasion is so provocative it can incite someone to act out in fear and defensiveness. So yes, it makes perfect sense that we focus on side A’s conduct to the exclusion of side B’s.

The only evidence that Currie acted violently comes from cops who have an incentive to lie and stretch the truth. You seem to accept with little question the wrongness of the GA grandfather’s killing. It makes sense to question the cops’ self-serving excuse for why that guy needed to be shot. But with Currie, you’re accepting his alleged “mistakes” as irrefutable just because the same cops who maced him are making that claim.

> [@](#):
>
> If cops are supposed to serve a warrant at 123 Elm street, and go to 125 Elm street instead, and the homeowners there see the cops knocking on the door…

When you come up with analogies, it would help if you make the salient conditions equivalent to Currie’s situation. There was no warrant, no knock at the door, no heads up announcement that cops intended to enter his house before they crossed the threshold. He just looked up and saw them standing their like home invaders in uniform.

---

<div class="post-metadata">

**Author:** ![Hamlet](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/hamlet/32/2818_2.png) [@Hamlet](https://boards.straightdope.com/u/Hamlet)\
**Post date:** [October 14, 2014, 6:15pm UTC](https://boards.straightdope.com/t/nc-cops-pepper-spray-black-foster-son-of-white-family/700795/637 "2014-10-14T18:15:36Z")

</div>

> [@you\_with\_the\_face](#):
>
> From the case cited earlier:

I’m curious. Did you actually read the Brown opinion you cited?

Here’s some quotes: “This and other circuits have held that an officer may lawfully enter a residence without a warrant under the exigent circumstances exception when the officer reasonably believes a burglary is in progress. United States v. Estese, 479 F.2d 1273, 1274 (6th Cir.1973) (holding warrantless search of residence was justified because there was probable cause to believe burglary was in progress); see also Johnson, 9 F.3d at 509 (noting that several other circuits “have upheld warrantless searches conducted during burglary investigations under the rubric of exigent circumstances”) (citing cases). When probable cause exists to believe a burglary is in progress, officers are presented with exigent circumstances justifying their warrantless entry into the residence “because `\*t would defy reason to suppose that [the officers] had to secure a warrant before investigating, leaving the putative burglars free to complete their crime unmolested.'” Johnson, 9 F.3d at 510 (quoting United States v. Singer, 687 F.2d 1135, 1144 (8th Cir.1982)”

and

“the activation of an alarm in conjunction with additional information supporting the possibility of a break-in is sufficient to support police officers’ determination that an exigency exists. … Because it would be reasonable for an officer in Edmonds’s shoes to believe a burglary was in progress, exigent circumstances existed that justified the warrantless entry.”

So, you cite to a case that actually held the warrantless entry into a home based on an alarm and a slightly open door was legal for the proposition that the warrantless entry into a home based on a neighbor’s call and an open door was illegal.

---

<div class="post-metadata">

**Author:** ![Shodan](https://avatars.discourse-cdn.com/v4/letter/s/9f8e36/32.png) [@Shodan](https://boards.straightdope.com/u/Shodan)\
**Post date:** [October 14, 2014, 6:15pm UTC](https://boards.straightdope.com/t/nc-cops-pepper-spray-black-foster-son-of-white-family/700795/638 "2014-10-14T18:15:41Z")

</div>

> [@iiandyiiii](#):
>
> And you take the officers’ word for it. I don’t. They may be telling the truth, but they may not be.

Sure, but then the neighbor and the mom and everybody else would have to be lying too.

Regards,  
Shodan

---

<div class="post-metadata">

**Author:** ![Left\_Hand\_of\_Dorkness](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/left_hand_of_dorkness/32/7156_2.png) [@Left\_Hand\_of\_Dorkness](https://boards.straightdope.com/u/Left_Hand_of_Dorkness)\
**Post date:** [October 14, 2014, 6:15pm UTC](https://boards.straightdope.com/t/nc-cops-pepper-spray-black-foster-son-of-white-family/700795/639 "2014-10-14T18:15:59Z")

</div>

> [@iiandyiiii](#):
>
> And you take the officers’ word for it. I don’t. They may be telling the truth, but they may not be.

Yeah–I should say that even stipulating Taylor’s version (which I find highly suspect, given the inconsistencies noted above), the officers behaved very poorly. I’m pretty suspicious about Taylor’s account especially.

---

<div class="post-metadata">

**Author:** ![iiandyiiii](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/iiandyiiii/32/7924_2.png) [@iiandyiiii](https://boards.straightdope.com/u/iiandyiiii)\
**Post date:** [October 14, 2014, 6:17pm UTC](https://boards.straightdope.com/t/nc-cops-pepper-spray-black-foster-son-of-white-family/700795/640 "2014-10-14T18:17:50Z")

</div>

> [@Shodan](#):
>
> Sure, but then the neighbor and the mom and everybody else would have to be lying too.
> 
> Regards,  
> Shodan

When do the neighbor and the mom and “everyone else” say Currie threatened and assaulted the cops (“snapped” is not a synonym for “threatened and assaulted”)? And how would they know?

[Previous page](https://boards.straightdope.com/t/nc-cops-pepper-spray-black-foster-son-of-white-family/700795.md?page=31)

[Next page](https://boards.straightdope.com/t/nc-cops-pepper-spray-black-foster-son-of-white-family/700795.md?page=33)
