[JoeRedskin]

As to the opinion in the Barnes case (just read it), IMO the Court went too far and effectively emasculated the need for a search warrant to enter my home. Barnes said you are not permitted entry and that should have been it - unless Ms. Barnes specifically invited them in or articulated a fear for her own safety.

There is a maxim in law "hard cases make bad law" and I think that is what happened here. The courts clearly wanted to allow the police the ability to protect Ms. Barnes and/or be present to diffuse a confrontation that might escalate into violence. Think about what have happened if the police had said, "You're right. We have no authority." and left - only to hear a gunshot inside the apartment moments later and, upon legally entering, find Ms. Barnes (or for that matter, Mr. Barnes) dead.

In refusing to protect someone who is refusing to cooperate with the police and who was reasonably seen as possibly changing a domestic dispute into a domestic violence case,
the Court overstepped and didn't limit its finding. I disagree with the court's overreaching but think the statute is an equally imperfect solution to the problem.