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If someone enters or tries to enter your habitation "unlawfully and with force", then it is presumed to be reasonable for you to take certain actions per PC 9.31 and 9.32.

However there are (presumably) cases where someone can enter your habitation "lawfully and with force." Police with a search warrant come to mind, but there are cases where police and firefighters/EMS have entered dwellings without warrants, and I am interested in find the legal basis for that under Texas law.

For example, if your house is on fire, firefighters are very likely to make a forcible entry, especially if they think you might be inside. (There certainly depends on the stage of the fire, it's not a guarantee). Also I know that medical responders and other EMS personnel have made forcible entries when it appeared someone needed attention but could not open the door.

So where in Texas statutes are these types of entry covered? I am especially interested in what covers firefighter/EMS, but also police as well, particularly as related to medical dispatches.

Anyone know?

ELB wrote:If someone enters or tries to enter your habitation "unlawfully and with force", then it is presumed to be reasonable for you to take certain actions per PC 9.31 and 9.32.

However there are (presumably) cases where someone can enter your habitation "lawfully and with force." Police with a search warrant come to mind, but there are cases where police and firefighters/EMS have entered dwellings without warrants, and I am interested in find the legal basis for that under Texas law.

For example, if your house is on fire, firefighters are very likely to make a forcible entry, especially if they think you might be inside. (There certainly depends on the stage of the fire, it's not a guarantee). Also I know that medical responders and other EMS personnel have made forcible entries when it appeared someone needed attention but could not open the door.

So where in Texas statutes are these types of entry covered? I am especially interested in what covers firefighter/EMS, but also police as well, particularly as related to medical dispatches.

Anyone know?

PC 30.05

(e) It is a defense to prosecution under this section that the actor at the time of the offense was:
(1) a firefighter or emergency medical services personnel, as defined by Section 773.003, Health and Safety Code, acting in the lawful discharge of an official duty under exigent circumstances;

Solaris wrote:


PC 30.05

(e) It is a defense to prosecution under this section that the actor at the time of the offense was:
(1) a firefighter or emergency medical services personnel, as defined by Section 773.003, Health and Safety Code, acting in the lawful discharge of an official duty under exigent circumstances;

D'oh! I must have read over that 50 times in the past without it ever sinking in. Thanks!

As a retired firefighter and still a paramedic I have made entry on those type scenarios more times than I can count, never ever had a problem, of course we hollered "fire department" several times and in a very loud voice!
Only time I was barred entry was on a domestic call, wife called for difficulty breathing (he had punched her in the throat) we knocked on the front door, husband answered the door and said everything was fine they didn't need us, told him I needed to speak to the woman, told us she couldn't come to the door, told him we can't leave until I talked to her, he finally let her come talk to us, she had obviously been beaten up, ask her if she wanted she ambulance, she looks at him and then shakes her head no, told her I needed her to sign an AMA (against medical advice) release of liability, sooo this finally gets her out of the house to sign the form, now that she's outside surrounded by firefighters and a couple of police officers, we once again ask her if she wants a ambulance, she said yes, husband steps out to drag her back in the house, cops arrest him for domestic abuse, she goes to the hospital, he goes to jail and we returned to our station.

crazy2medic wrote:As a retired firefighter and still a paramedic I have made entry on those type scenarios more times than I can count, never ever had a problem, of course we hollered "fire department" several times and in a very loud voice!
Only time I was barred entry was on a domestic call, wife called for difficulty breathing (he had punched her in the throat) we knocked on the front door, husband answered the door and said everything was fine they didn't need us, told him I needed to speak to the woman, told us she couldn't come to the door, told him we can't leave until I talked to her, he finally let her come talk to us, she had obviously been beaten up, ask her if she wanted she ambulance, she looks at him and then shakes her head no, told her I needed her to sign an AMA (against medical advice) release of liability, sooo this finally gets her out of the house to sign the form, now that she's outside surrounded by firefighters and a couple of police officers, we once again ask her if she wants a ambulance, she said yes, husband steps out to drag her back in the house, cops arrest him for domestic abuse, she goes to the hospital, he goes to jail and we returned to our station.

Brought back memories from when I was a medic....

crazy2medic wrote:... husband steps out to drag her back in the house, cops arrest him for domestic abuse, she goes to the hospital, he goes to jail and we returned to our station.

I hope he resisted and was difficult to subdue...

On the Federal Side Google 4th Amendment exceptions to intrusion (search) Some are emergency, automobile, secured area of airport, border, plain view- things like that.

I'm not a lawyer- and it probably shows.

E10 wrote:

crazy2medic wrote:... husband steps out to drag her back in the house, cops arrest him for domestic abuse, she goes to the hospital, he goes to jail and we returned to our station.

I hope he resisted and was difficult to subdue...

Oh heck. I lolled. IMO, it is perfectly okay to want the police officers to be professional and under control and doing right. It is also perfectly okay that while they are doing all of those things, said abuser non-verbally asks for extra grass stains and bruises and abrasions by not complying. Sounds like a great guy for this to happen to.