Is there a lawyer in the house?
By eden32
@eden32 (3973)
United States
June 8, 2007 8:30am CST
Ugh. What a freaking morning I've had. If you don't mind, I'm going to rant & moan about it here. I'll try to keep it short, but you'll need a little back-round info for the story to make sense.
I own a 2 family home. At the moment, my family lives in one unit & the second is empty. Months ago one of my son's friends stayed in the second unit for about 2 months. It didn't work out. The guy is a drama magnet and not real concerned about paying his rent. So we asked him to leave, he did and it's no big deal. He's still friends with my son, and stops by occasionally.
Well a couple weeks ago he had some problem that resulted in the police looking for him and they came here. My son let them search (they didn't have a warrant that time) and he wasn't here. The cops came back twice more, again no warrant and we allowed them to look around but the last time we did let them know this is getting ridiculas. This morning, at 6:30 AM the cops were back yet again, with a warrant and came into MY house without anyone letting them in. The warrant by the way is an arrest warrant for this guy, not a search warrant for my home. They claimed to have knocked on my door for several minutes, found that it was unlocked & came right into my house. Not into the common area between the apartments- but right into my house, into my living room & eventually right into my son's bedroom! They further claimed that finding the door unlocked caused them to "fear for our safety, as no one leaves their doors unlocked". Well I do and there's no law against it. I can take the damn doors off the hinges, and if someone enters my home without consent they've committed breaking & entering and I'd like to know how the h*ll the cops think they're above the law like this? I'm so pissed right now, but feel like there's not much I can really do about it. I could file a complaint of some sort I am sure, but to what end? Now I've upset the local PD and should I need them (to do their job, that my taxes pay for) in the future, they'll take their sweet time coming out here. Or I'll have to worry that every time I drive around town & I drive 2 miles over the speed limit, I'll end up pulled over & ticketed. My town isn't tiny, but it's not huge either and I've known others in similar situations who find themselves the object of too much police attention after filing a complaint.
1 person likes this
1 response
@pallidyne (858)
• United States
8 Jun 07
Im not an attorney, but I can tell you this, in most cases they can claim those special circumstances in trying to fulfill the arrest warrant. They might even have legal standing to enter whatever domicile they think he might have been in.
Now, unless they started searching drawers and such, they were more than likely not committing an illegal search. However, the fact that they have searched you place several times makes me wonder if you don't have a possible harassment suit.
Also if you get too much police attention after a complaint, that is grounds for a harassment suit.
2 people like this