Police entry

[drummerjps]

On Sunday, at 1:10 a.m. in the morning, there was banging on our door. I was upstairs sleeping and didn`t hear the door. My 11 year old son was sleeping downstairs on the couch and was awakened by the knocking. He was afraid to answer the door, so he hid under the covers. After a few minutes he said that the police came into our house and then announced that they were in the house. He came and got me. The police were told that my 15 year old daughter was smoking grass that night at 7 p.m. with some other girls, and they wanted to speak to her. Along with other issues, my main one is that they came into the house without a warrant or permission. I have a screen door which was closed, but the main door was open just a crack, because my older son was out, and was due home soon. I am wondering if they have a right to enter my house on their own????

 

[mafioso]

If they did not break in and just opened an open door, they have technically not violated your rights. They would claim to be acting on some information which made them come there at time due to an ongoing investigation. They can even say given the door was opened and no one answered, the proceeded to know what was up with an open house at time……….They are good at this. The knocked and proceeded. If they did not search your house without a warrant, there is not much you can do. I share your displeasure at this but the law is tricky to nail them on this. CdwJava works with cops……….you might want to send him a message for a more informed opinion on cop's limits. I think they would get away with it if they the door was not bolted.

 

[drummerjps]

thanks, i appreciate the help!

 

[CdwJava]

On Sunday, at 1:10 a.m. in the morning, there was banging on our door. I was upstairs sleeping and didn`t hear the door. My 11 year old son was sleeping downstairs on the couch and was awakened by the knocking. He was afraid to answer the door, so he hid under the covers. After a few minutes he said that the police came into our house and then announced that they were in the house. He came and got me. The police were told that my 15 year old daughter was smoking grass that night at 7 p.m. with some other girls, and they wanted to speak to her. Along with other issues, my main one is that they came into the house without a warrant or permission. I have a screen door which was closed, but the main door was open just a crack, because my older son was out, and was due home soon. I am wondering if they have a right to enter my house on their own????

It depends.

It depends on what they believed and why they entered.

If they had an articulable cause to believe they had a teenager inside the home involved in activity that could be dangerous to herself or others, and they received no answer at the door, it is not unreasonable to step inside and call out for someone under those circumstances. Even if they just wanted to talk to someone, again, it is not unreasonable to step inside and call out if the door is unsecured. It's not the preferred method and I would never advocate entry to do that, but neither is it likely actionable or unlawful, either. Any evidence of criminal activity that they found upon such an entry would likely be suppressed, but that does not seem to be the issue here.

Entering to make contact is not necessarily a problem ... if they came inside and started to search in drawers and such, then there is a larger potential problem.

At this point, it seems your recourse would be to contact the agency in question and express your displeasure.

- Carl

 

[drummerjps]

thanks carl!