People v. Gallegos

In People v. Gallegos (1970) 13 Cal.App.3d 239, officers received a telephone call from an anonymous person who advised them that the defendant had taken an overdose of heroin. As the officers knew that the defendant was a user, an officer proceeded to the address given. When a small child answered the door and indicated that the defendant could not be awakened, the officer entered without permission and found narcotics. In upholding the entry under the emergency exception, the appellate court noted that it was bound by the trial court's finding that the officer had a sincere belief that the defendant was in mortal danger from the overdose. The court noted at page 243: "We appreciate that there is always the possibility that the police may try to hide an illegal entry under the cover of a pretended rescue mission. Here, as always, we must rely on the ability of trial courts to ferret out the true facts."