In a situation like this it is perfectly acceptable for the police to enter the residence; the phone call about the domestic disturbance provides exigent circumstances. The police acted under the suspicion of further potential harm to either the children or one of the spouses. They can't just take the word of the wife who is locked in a house with a man who may pose a threat to her and refuses to talk to the police. In a situation like this if the police were to leave without even talking face to face with the suspects and then the dispute led to a murder it would be a huge failure and the department would still be blamed for not stoping it.
The reality of policing is that the police can do what ever they want, warrant's do discourage police misconduct but they mainly serve to protect evidence which in this case is irrelevant. The police were responding to exigent circumstances, not seeking to search the house for evidence. The police know that they can't just bust down a door and search a house. By not complying the resident gave the police the lawful right to search the area incident to arrest.
Had the resident complied there would be little grounds for arrest, forced entry, or any search of the residence. That being said from what is visible in the video it doesn't appear that there was reason to tase the resident but as long as the officer can articulate his reasoning it's justifiable.
Re: “Watch Cotati Police Kick Door In, Tase Resident”
In a situation like this it is perfectly acceptable for the police to enter the residence; the phone call about the domestic disturbance provides exigent circumstances. The police acted under the suspicion of further potential harm to either the children or one of the spouses. They can't just take the word of the wife who is locked in a house with a man who may pose a threat to her and refuses to talk to the police. In a situation like this if the police were to leave without even talking face to face with the suspects and then the dispute led to a murder it would be a huge failure and the department would still be blamed for not stoping it.
The reality of policing is that the police can do what ever they want, warrant's do discourage police misconduct but they mainly serve to protect evidence which in this case is irrelevant. The police were responding to exigent circumstances, not seeking to search the house for evidence. The police know that they can't just bust down a door and search a house. By not complying the resident gave the police the lawful right to search the area incident to arrest.
Had the resident complied there would be little grounds for arrest, forced entry, or any search of the residence. That being said from what is visible in the video it doesn't appear that there was reason to tase the resident but as long as the officer can articulate his reasoning it's justifiable.