context: The established and well-delineated exception to the requirement for a warrant in circumstances involving recently burglarized premises is discussed in numerous cases which we set forth in ascending chronological order.
citation_a.signal: but cf.
citation_a.parenthetical: police entry unlawful where neighbor who was asked by defendant to watch his house trailer while defendant was away saw defendant depart and leave front door open and called police when door still open one day later but there was no sign of forced entry.
citation_a.sentence: But cf. United States v. Erickson, 991 F.2d 529 (9th Cir.1993) (where neighbors said the suspected burglars departed by car over an hour earlier, police looking in basement window of residence thought to have been burglarized constituted an illegal search despite claim police engaged in lawful “community caretaking function” as (i) warrantless search for such reason still requires “exigent circumstances” not present here given passage of time; and (ii) even if police trying to act for householder’s benefit, that person is still entitled to protection of the Fourth Amendment); United, States v. Selberg, 630 F.2d 1292 (8th Cir.1980), (police entry unlawful where neighbor who was asked by defendant to watch his house trailer while defendant was away saw defendant depart and leave front door open and called police when door still open one day later but there was no sign of forced entry.)
citation_b.signal: see
citation_b.parenthetical: where neighbor reported burglary and officer who responded saw open window and TV and other valuable property inside, it "would have been poor police work indeed for an officer to fail to investigate under circumstances suggesting a crime in progress."
citation_b.sentence: See United States v. Estese, 479 F.2d 1273 (6th Cir.1973) (where police responded to a radio call reporting breaking and entering at defendant’s apartment, found the door to the apartment pried open, and entered to search for a burglar, defendant’s motion to suppress a sawed-off shotgun found in plain view, held properly denied); State ex rel. Zander v. District Court, 180 Mont. 548, 591 P.2d 656 (1979) (where neighbor reported to police that someone was tampering with window of trailer home and said trailer door always locked, and officer found door unlocked, entry “to protect the property” was deemed proper); State v. Jennings, 461 A.2d 361 (R.I.1983) (entry by police lawful where police found apartment door ajar and apartment appeared to have been ransacked); Mann v. Cannon, 731 F.2d 54 (1st Cir.1984) (police could enter unoccupied house after reports of juvenile breaking into house to obtain drugs); United States v. Dart, 747 F.2d 263 (4th Cir.1984) (police properly entered units of self-storage warehouse complex upon finding locks sawed off and doors forced open); People v. Duncan, 42 Cal.3d 91, 227 Cal.Rptr. 654, 657, 720 P.2d 2 (1986) (where neighbor reported burglary and officer who responded saw open window and TV and other valuable property inside, it “would have been poor police work indeed for an officer to fail to investigate under circumstances suggesting a crime in progress.”); Carroll v. State, 335 Md. 723, 646 A.2d 376, 382 (1994) (police can enter where there is “probable cause to believe that burglary is either in progress or recently has been committed,”); United States v. Tibolt, 72 F.3d 965 (1st Cir.1995) (police lawfully entered premises after security alarm had been activated, found unlocked door on rear deck but no response to efforts to communicate with anyone who might be inside); State v. Keating, 288 Mont. 447, 958 P.2d 690, 694 (1998) (upholding lower court’s conclusion that when officer on routine patrol saw individual with known criminal record leave a business at 3:30 a.m., found his explanation suspicious, and door of business open, officer “had every right to enter the building and make sure that it was secure and that no burglary was going on.”).