Imagine someone slapped you to the ground in a drunken rage and while you were on the ground jumped on your neck with both feet. Then imagine spending the next 24 hours in a neck cast while the doctor's investigated whether or not you were paralyzed, and the next few weeks recovering from the vertebrae fracture.
Or imagine you were assaulted on the third floor of an apartment block, and as you ran down the stairs to avoid your attacker, they heaved a bicycle down on your head knocking you out.
Now imagine the person with you is your husband, boyfriend or significant other - the person you share you home and your life with. And image he did that to you with your children watching.
This is what domestic violence looks like. It is brutal. It is terrifying. It is largely hidden and it is present in every social strata and income level.
With the coordinated and systematic attack on women's rights on a number of fronts from abortion, through contraception to medical decisions, I think the time is right to discuss another important women's issue - domestic violence. I realize women are not exclusively victims of domestic violence, but that is where my experience lies - I have been active as a volunteer in various women's organizations since 1992.
In my state of NH, the legislature is debating HB1581, which would remove a police officer's right to enter a property based on probable cause if they are called to a domestic violence event. As the law stands today, if a police officer is called to a house and sees evidence of domestic violence, such as bruising or bleeding from a victim, they may enter a property to make an arrest. The law seeks to change that and force the officer to get a warrant, unless they have actually witnessed a crime being committed.
UPDATE 1:
Thanks to Steven D. for pointing out this bill stalled in committee. However, the sponsors of the bill tried to revive it with amendments. Together with HB1608, which wanted to remove restrictions on gun ownership for DV abusers, and forbid their arrest when a restraining order is violated, these bills show a resurgence of anti-women measures in the GOP-led legislature. At the time of writing, HN1608 is currently defunct. But we need to stay vigilant.
I also wanted to thank the people who shared their painful stories in the comment thread. Being a victim of, or witness to domestic violence is a complex and painful experience.
More below the squiggly
On the face of it, it seems reasonable to make a police officer get a warrant to enter private premises, but consider all the other times a police officer can enter a home without a warrant (from legal zoom):
1. Consent. If the person who is in control of the property consents to the search without being coerced or tricked into doing so, a search without a warrant is valid. Note that police do not have to tell you that you have the right to refuse a search, but you do. Also, note that if you have a roommate, he or she can consent to a search of the common areas of your dwelling (kitchen, living room), but not to your private areas (bedroom, for instance). On the other hand, the Supreme Court recently ruled that one spouse cannot consent to the search of a house on behalf of the other.
2. Plain View. If a police officer already has the right to be on your property and sees contraband or evidence of a crime that is clearly visible, that object may be lawfully seized and used as evidence. For example, if the police are in your house on a domestic violence call and see marijuana plants on the windowsill, the plants can be seized as evidence.
3. Search Incident to Arrest. If you are being arrested in your house, police officers may search for weapons or other accomplices to protect their safety (known as a "protective sweep"), or they may otherwise search to prevent the destruction of evidence.
4. Exigent Circumstances. This exception refers to emergency situations where the process of getting a valid search warrant could compromise public safety or could lead to a loss of evidence. This encompasses instances of "hot pursuit" in which a suspect is about to escape. A recent California Supreme Court decision ruled that police may enter a DUI suspect's home without a warrant on the basis of the theory that important evidence, namely the suspect's blood alcohol level, may be lost otherwise.
Look at #4 - that's a sweeping power that allows the police to enter the home when "compromise to public safety" is involved. But in NH, domestic violence alone will not be enough. It seems women's safety does not equal public safety.
On a DV call, time is of the essence. DV crimes are often crimes of extreme passion and the police need the power to separate the protagonists as soon as possible. Going for a warrant, especially when there is strong evidence of domestic violence wastes valuable time when people are at their most vulnerable.
Please consider contacting the bill's sponsors and let them know that everyone has a right to be safe in their own home and protections for victims of domestic violence should be strengthened, and not weakened, by the State Legislature.
Dan Itse 603-642-9403
Gary Lambert 603-438-6333