Under the exigent circumstances doctrine established in Brigham City v. Stuart (2006), police may enter a home without a warrant to render emergency assistance or protect occupants from imminent injury, particularly when a 911 call reports domestic violence involving children; this legal standard overrides Fourth Amendment privacy protections when there is an immediate threat to human life, as demonstrated when officers entered Brandon Chapensky's home after his intoxicated daughter called 911 reporting domestic trouble, and his subsequent threats and refusal to allow officers to check on the children provided probable cause for arrest.
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His Daughter Called 911 — He Thought the Police Couldn't EnterAdded:
If you hit my door one more time, I'm not pushing the god damn door.
>> All right. You can step out of the way and I can talk to the rest of the people in this house. That's what's going to happen here.
>> No. No, you can't.
>> You're not in charge of this is what we're doing.
>> to bet?
>> Yes, I do.
Get your hands out of your pockets.
>> Or what?
>> Get your hands out of your pockets.
>> Why? Oh, I'm going to hit you with a napkin?
>> I don't know what's in your pocket.
>> Oh.
>> Washington County officers respond to a 911 call from a child reporting domestic trouble.
>> Okay.
>> Brandon Schipensky meets them with instant hostility. He's under the impression that his front porch is a legal safe zone. He's wrong.
>> How you doing, man?
>> What do you want?
>> I come out here to talk to me.
>> No, I don't need to.
>> All right. What's going on tonight, man?
>> You called these?
>> I've been sitting here with you the whole time.
>> Why the you out here?
>> Come out here and talk to me, man.
>> No, why the here?
>> Cuz somebody called.
>> Hey, leave. Come on.
>> Here we go. Bye.
>> No. No.
Can I have you start saying get me another unit out here?
>> What you going to do? You can't do [ __ ] Get a warrant.
>> Come out here, man.
>> You want to play?
>> Brandon, we're not doing this. We're not doing this.
>> No.
>> We're not doing this. Come out here and talk to me.
Move.
>> We're not doing this.
>> You want to play?
>> I don't want to play anything.
>> We're not slamming the door.
We're not doing this.
>> Who called you?
>> Don't don't ball your fist up at me, man.
>> Oh, I'm holding my thumb.
>> Okay.
>> You If I would have all my fists up at you, I'd push you in the ground.
>> I'll push you in the ground. You you're not That's not going to happen.
>> You want to bet?
>> Man, I'm just trying to see what Someone was concerned. Somebody called.
>> Who?
>> It doesn't matter who.
>> Yeah, now who?
>> It doesn't matter.
>> Who called?
>> It doesn't matter, man. I just want to make sure everyone's safe.
>> Yeah, everybody's safe. Thanks for stopping out.
>> No, that's not how this is going to work.
How many people are in the house?
>> Step Step up here and threaten me one more time. Take one more step and now you're threatening and I'm going to put you in the [ __ ] ground.
>> here's what's going to happen.
Here's what's going to happen. I'm going to call 911. I'm here to make sure everything's all right.
>> Okay, everything's all right.
Yeah, everything's fine.
>> All right, I'm not >> You hit my door one more time, I'm going to put you in the goddamn dirt.
>> All right, you can step out of the way and I can talk to the rest of the people in this house. That's what's going to happen.
>> No, no you can't.
>> You're not in charge of this is what is what Yes, I do.
Get your hands out of your pockets.
>> Or what?
>> Get your hands out of your pockets.
>> What? Oh, I'm going to hit you with a napkin?
>> I don't know what's in your pocket.
>> Oh, I don't own a gun. I don't have guns. I hate guns.
>> How many people are in this house? I need to talk to them and make sure everything's all right.
>> No, you don't need to talk to anybody.
That's not You don't need to talk to anybody in this house.
>> So, you can let me talk to the rest of the people.
>> No, you won't talk to my kids.
>> Ma'am, do you want to come talk to me? You are not going to stop her from talking to me. That's not going to happen.
>> She wants to go around the other way, she can talk to you.
If I come down these stairs, me and you are going to wrestle.
>> We we are not going to wrestle. I can guarantee you that. Why don't you Why don't you just have a seat?
>> For what?
>> So, I can do my job.
>> Your job is done.
>> My job is not done.
>> Bye.
>> All right.
Do not close Do not close that door.
>> You walk up these stairs and you come up one more, I'm going to take that as a threat and now I have every right to put you in the [ __ ] ground.
>> That is not how this is Do not Do not >> Do not what?
>> step away from me.
Step away from me.
>> You getting your [ __ ] to me in my house?
>> Get on the stairs now. Get down here.
>> You can't do nothing to me.
>> County 9510, wanted to taste a point.
OPEN THE DOOR. OPEN THE DOOR.
Where's he at?
>> You can't do anything.
You're not allowed in my house.
>> GET IN HERE. GET OVER HERE.
GET YOUR HANDS GET YOUR HANDS UP NOW.
I'M NOT DOING THIS. GET YOUR [ __ ] HANDS UP. GET your [ __ ] hands up.
[clears throat] Get your What past is Get YOUR [ __ ] HANDS UP.
GET YOUR HANDS UP.
TURN AROUND.
TURN AROUND.
GET YOUR [ __ ] HANDS UP.
TURN AROUND. Stop coming towards me.
Get your [ __ ] hands up. TURN AROUND.
TURN AROUND.
TURN AROUND.
Get your hands behind your back. Now.
Does that look like your back?
Do not move. Do you understand me? Get your other hand back here.
I didn't tell you to move. Look at you.
I don't care what you are. This was simple. What you had to do was you had to follow instructions.
I don't care.
Do not move your hands. Do you understand me?
You need to stop or you're getting ready to go back on the ground. Enough.
It would have been simple had you just sat down.
Is that why I had to point a taser at you?
We're here for a disturbance. We're here for Sit down.
Have a seat.
Give me a seat.
>> the [ __ ] do you think you are you claim my that off the wall.
>> If you'd sit down, you >> Get No!
>> Get in the seat.
>> Get Get off me and I'll I'll get in. Get your [ __ ] hands off me, [ __ ] >> He's got his hands off you. You said you were going to get in. Get in.
>> I am. Shut up.
>> You got about 3 seconds before we tase you.
>> what?
>> I'mma put hands back on you and make you sit down. Sit down.
>> I'm in.
Get your You You You're a big [ __ ] aren't you? When When it's all on someone's back.
>> Brandon shouts for a warrant. However, under the exigent circumstances doctrine and Brigham City v. WW Stewart, police may enter without a warrant to render emergency assistance to an injured occupant or to protect an occupant from imminent injury. A 911 call from a child creates an immediate obligation for a welfare check. Brandon escalates from verbal abuse to physical threats by bailing his fists and stating he will wrestle or put the officer in the dirt, he provides probable cause for an assault charge. In most states, including Georgia under OCGA section 16520, an assault occurs when an individual's actions place another in reasonable apprehension of immediate violent injury.
The standoff continues. Brandon's refusal to allow officers to check on the children, combined with his intoxicated state and violent rhetoric, further solidifies the officer's legal right to bypass his refusal. At this point, the safety of the minors outweighs his Fourth Amendment privacy interest.
>> How you been?
>> How you been, big guy?
>> How's it going?
>> He's like that all the time when he drinks.
>> Yeah.
>> Man.
>> I imagine you probably You would know.
>> Yeah. Yeah, I know him too well.
>> He called the The kid called. kid called. Yeah, okay.
>> I'm filing charges.
>> Tina, you okay?
>> Yeah.
>> All right.
>> I I'm not upset that he's going. I'm very grateful.
But he's going to get a release and come right back to us. What are we going to do? It's no good.
He he just holes in our walls Look at how he's throwing balls and [ __ ] this and finally he he he keeps yelling that my daughter is a finally missing and he he raises his voice or he snitches to the bureau of land management and called 911 so he doesn't know that I did that because I can't get away by myself long enough just to get him to go cuz I can't stand the verbal abuse and him breaking everything every time I blink.
>> Yeah.
You know, you're you're a little jazz dog. I get it. You get it.
And I will press charges on this [ __ ] >> We have one son together, but I have four other children and my children are biracial, those four. And I'm so tired of all the time recently hearing Nick this and Nick that and and because I went and I didn't ask him for permission to buy that Jeep two and a half three years ago.
I get I get I have to hear about that all the time and I and I bought a truck or got a loan and for my oldest son for his truck and and like he's in here trying to slamming everything and going on and carrying on because I bought my or he thinks I like co-signed but co-signed a truck and and what if he wants something? He should I I should be able to co-sign for him.
>> I hope they let you out cuz I'll let my [ __ ] dog out on you, too. And my dog is going to [ __ ] kill you.
Trust me. They can't do [ __ ] to me. I didn't do anything wrong.
>> All right. What did he break What did he break tonight?
>> Nothing yet.
>> Okay.
>> He's just slamming everything around.
You know, it's getting ready to You see this is how he fixes holes.
Scotch tapes them and [ __ ] I can't even use my stove because he flung [ __ ] across the kitchen a couple weeks ago and shattered the glass of the stove.
>> Okay.
All right. The most we're going to do is take him to the hospital. The most we're going to do is take him for evaluation.
>> While Brandon screams about a lawsuit in the patrol car, >> Here you go.
>> Yeah, I got you.
>> Tina reveals a history of domestic battery including being choked and verbal racial abuse. In Illinois or Kentucky, these admissions coupled with the property damage would ensure Brandon's detention until a bond hearing.
>> Threatened to taze me.
Let's see how that [ __ ] holds up in court.
>> I feel like I can't I feel like I can't be out here when he's not here cuz when he's not here and I'm out here, I can just like sit here and chill with my mom and then everyone else and then I'm fine. But as soon when he's here, I feel like I can't do that cuz he harasses me or bothers me or yells at me for something. So I kind of just stay in my room the entire time.
>> Okay. So, what do you What do you want done? What What do you want?
What happened here?
>> I want I want to know how I can get him just to be out of here for good.
>> Okay.
Has anybody talked to you about getting a like an emergency restraining order, [snorts] order of protection or anything?
>> No.
>> Okay.
>> I don't even know anything about those.
>> Okay. So, what I'm going to recommend is go up to the Washington County Courthouse in Nashville, okay?
Go meet with usually the circuit clerk or somebody.
They have They have an advocate there who can help you get the papers filed.
But essentially, you you fill out the form. It goes to the judge and you tell the judge, "Hey, this is why this is what's going on." You know, you tell them the history.
>> I mean, be godless. The beginning of this month they were going to >> Officers receive a B+ for maintaining composure and prioritizing child safety.
Subject receives an F for threatening police while his own child is the one who called for help. A castle is no longer a fortress when you're abusing the people inside.
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