A woman in Lake Forest called officers to her house this weekend, claiming that her long time boyfriend had assaulted her. When officers arrived, the suspect was no longer at the home. Since officers thought there was clear and present danger, they called his cell phone company to assist them in finding the suspect. Jesse Tuomi was located in Mission Viejo and was arrested on suspicion of spousal abuse and assault with force to produce great bodily harm.
Normally, police officers need a search warrant to look through your house or any personal records. However, there is an exception when officers do not need to get a search warrant and that is in the case of clear and present danger. Officers feared that Tuomi was a dangerous man on the loose and therefore got to bypass the warrant requirement in order to obtain phone records. Cases in which officers bypass requirements are helpful to a defense attorney in arguing for their clients. A good attorney may be able to argue that a man that allegedly assaulted his girlfriend does not present a clear and present danger to the public and therefore, the warrant requirement should not have been bypassed.