QUESTION
Do I have to let sheriffs in my house when they are knocking at my door?
Asked on Nov 28th, 2012 on Criminal Law - California
More details to this question:
The sheriffs were looking for someone who does not live in my house, because she stole her boyfriend’s teeth. (Yes, teeth lol) I told them that she does not live here and I have not seen her in 2 or 3 weeks. One of them, with gun drawn, took the screen off my bedroom window and was trying to climb in, and told me to open my front door or he was coming in anyway.
12 ANSWERS
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. I strongly suggest that you contact an attorney for a face-to-face consultation and give him/her all of the facts surrounding your situation. He/she would then be in a better position to analyze your case and advise you of your options.
Answered on Apr 15th, 2013 at 6:12 AM
Michael J. Breczinski
He had no right to come in without a warrant.
Answered on Dec 04th, 2012 at 5:07 AM
Unless law enforcement officers saw the person they want to arrest enter your home, other reliable evidence to know that person is there and will escape if time goes by, they must have a warrant or permission from a reasonable party that lives there to search your home.
Answered on Nov 29th, 2012 at 11:03 PM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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The police cannot enter your home without your permission, a warrant, or if a valid exception to the warrant requirement applies. If you believe your rights may have been violated, seek out an attorney in your area that specializes in police civil suits.
Answered on Nov 28th, 2012 at 8:59 PM
1 Award
No, if they do not have an arrest warrant or a search warrant, you do not have to let them into your home.
Answered on Nov 28th, 2012 at 8:46 PM
John J. Carney
The police must have a warrant to search your home unless you open the door and consent to the search. I would retain an attorney to sue the officer that broke into your home.
Answered on Nov 28th, 2012 at 8:44 PM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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Based upon what you said, the answer is "no". If they don't believe you they can obtain a search warrant. Hard to believe the police would be that aggressive over some teeth.
Answered on Nov 28th, 2012 at 5:31 PM
Thomas Edward Gates
Without a warrant, they cannot enter your house.
Answered on Nov 28th, 2012 at 5:31 PM
Transportation Attorney serving Mamaroneck, NY
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Palumbo & Associates, PC
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You DO NOT have to consent to allow the police into your home; they cannot enter your home without probable cause without a warrant. If he cops did it as you state they were totally out of line. Go down to the police headquarters and make a formal civilian complaint.
Answered on Nov 28th, 2012 at 4:54 PM
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Unless they have a warrant, you do not have to allow them in. You do not even have to open the door - you can ask them what they want through the closed door. I would say very clearly (polite, but firm) that you do not consent to a search. Tell them I do not want you in my house. Now, if they use any force (push, gun, etc), you will have to allow it. It is never good to get into a pushing match with someone holding a gun. Document what you can with a phone (video or audio) but otherwise get out of the way. If there is no warrant or consent, they have violated your right to privacy. You can sue them in federal court. You can also complain to their boss. You are never required to talk to police, nor to let them search you, nor your home, nor any of your property. Be clear that you do not consent to a search, that you do not want them digging through your stuff. But, if they do it anyway, there is not much you can do at the time.
Answered on Nov 28th, 2012 at 4:54 PM
No, you do not have to let them in unless they have a search warrant.
Answered on Nov 28th, 2012 at 4:53 PM
No unless they have a warrant. Otherwise you are letting them in voluntarily, which is highly stupid.
Answered on Nov 28th, 2012 at 4:46 PM