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Name: Pavao v. Pagay
Case #: 01-15201
Court: US Court of Appeals
District 9 Cir
Opinion Date: 09/30/2002
Subsequent History: None
Summary

Under the totality of circumstances, the responding police officer had implied consent to enter the home. The court found it especially significant that the police officer was responding to two “dropped” 911 calls from an occupant of the house. Upon arriving at the door, the officer knocked on it and announced his presence by saying “police.” The officer heard a female voice say, “Open the door, it’s the police.” Michelle, age 14, opened the door about halfway. She did not verbally respond to the officer’s question whether there was a problem and had someone called 911. She had a terrified look on her face. She swung the door open all the way and stepped back into the living room. The officer entered the room without objection from Michelle or any occupant present. The issue arose in a civil rights case, because after the entry, the officer shot an occupant of the house who pointed a firearm at him.