So a Police Officer just entered my house without a Search Warrant!
So a Police Officer just entered my house without a Search Warrant!
My girlfriend and I decided to have a few friends over. In time, It did become a bit noisy in which the San Marcos PD was called and came to give us a warning. So we decided to send everyone home. About 10 minutes later the SMPD returned, same officer "A Lundry", stating that we are being too load, we than showed him out 4 guests total which came to the front door and he than warned us that our previous guest, whom had left, are being load and noisy leaving and that we are going to be ticketed or fined, I explained to the officer that those guests are not our responsibility. The officer than walked up to me in my face, inside my girlfriends home. I told the officer that he is not aloud in my home with out a search warrant. He would not leave from inside my home so I ran up stairs to dial the police station and to write down information and hopefully get my proof on camera. I came down stairs and asked for his badge number which he would not give me, then threatened that he would arrest me if I didn't stop asking him. I called the San Marcos dept. a few times until they verified that they were sending someone down. So in time, his "supervisor" came out and would not talk to me saying to "get back in your house or I will arrest you". So now I have a crazy police officer that entered my home with no search warrant which is against the law without reasoning or suspicion and his "supervisor" that is now threatening me saying "I'm going to give you a drunk in public and arrest you if you don't go back inside". I told him that I had not been drinking and that I am studying law and know my rights. I asked for the lieutenant, he would not talk to me and I've tried calling the department but they will either hang-up or say that they will let him know. No help!! We all know that we pay tax dollar for the States Finest in our protection, but in this case, we were threatened in our own home, we've been pushed aside and are not receiving any help. Anyone...know what to do?
Joined: Jul 2007
Posts: 16,493
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From: Indianapolis
Originally Posted by evil_tt
My girlfriend and I decided to have a few friends over. In time, It did become a bit noisy in which the San Marcos PD was called and came to give us a warning. So we decided to send everyone home. About 10 minutes later the SMPD returned, same officer "A Lundry", stating that we are being too load, we than showed him out 4 guests total which came to the front door and he than warned us that our previous guest, whom had left, are being load and noisy leaving and that we are going to be ticketed or fined, I explained to the officer that those guests are not our responsibility. The officer than walked up to me in my face, inside my girlfriends home. I told the officer that he is not aloud in my home with out a search warrant. He would not leave from inside my home so I ran up stairs to dial the police station and to write down information and hopefully get my proof on camera. I came down stairs and asked for his badge number which he would not give me, then threatened that he would arrest me if I didn't stop asking him. I called the San Marcos dept. a few times until they verified that they were sending someone down. So in time, his "supervisor" came out and would not talk to me saying to "get back in your house or I will arrest you". So now I have a crazy police officer that entered my home with no search warrant which is against the law without reasoning or suspicion and his "supervisor" that is now threatening me saying "I'm going to give you a drunk in public and arrest you if you don't go back inside". I told him that I had not been drinking and that I am studying law and know my rights. I asked for the lieutenant, he would not talk to me and I've tried calling the department but they will either hang-up or say that they will let him know. No help!! We all know that we pay tax dollar for the States Finest in our protection, but in this case, we were threatened in our own home, we've been pushed aside and are not receiving any help. Anyone...know what to do?
Last edited by kutnupe14; Nov 17, 2007 at 07:41 AM.
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From: Northridge/Canoga Park, SOCAL
Originally Posted by kutnupe14
Dude, a search warrant is needed to look for something in your home, hence the "search" portion. Secondly, if there was a noise complaint, the officer could come into your home and clear everyone out if it was that much of a problem. The only issue you have, is the fact that he didn't give you his badge number and the fact that he threatened you. Honestly, it sound a bit like a bogus story, I don't many cops that would allow you to run upstairs while he's speaking to you. You were obviously agitated, and for an officer safety issue the idea of you running upstairs to get a gun would be first on any cops mind...
oh snap!
Originally Posted by kutnupe14
Dude, a search warrant is needed to look for something in your home, hence the "search" portion. Secondly, if there was a noise complaint, the officer could come into your home and clear everyone out if it was that much of a problem. The only issue you have, is the fact that he didn't give you his badge number and the fact that he threatened you. Honestly, it sound a bit like a bogus story, I don't think many cops that would allow you to run upstairs while he's speaking to you. You were obviously agitated, and for an officer safety issue the idea of you running upstairs to get a gun would be first on any cops mind...
op just needs to relax. nothing happened. who cares if he came into your house? he was responding to a noise complaint. u being an a$$ didn't help the situation at all. the worst thing to do to a cop is to try and prove that you know the law because in the end...its your word vs theirs.
There are various reasons that he could use to legally enter your house....and any guest at your house is your responsibility. Even after a guest leaves your house you could be held responsible, i.e. they get into a drunk driving accident, you can also be sued.
search warrant if hes searching, him just entering...wouldnt that be trespassing?
arent you the one studying law??? lol j/k but from the sounds of it you were being a rude know-it all and trying to take advantage of anything you thought you knew just to try and counter-act his argument. you get nowhere with the police acting like that when you dont need to.
you shouldve said sorry about the people being loud when they left and then said but you cant control that. you shouldve asked him to not enter your house without asking because its personal property and he doesnt know if theres something personal inside he has no right to see (i.e. a girl naked strapped to a couch?) and been polite but stern then since there wasnt really a reason for him to not be able to step in ur door allowed him to stay there as you talked.
again, just sounds like you got hot-headed, when you do that and fight fire with fire with the police you = loss
arent you the one studying law??? lol j/k but from the sounds of it you were being a rude know-it all and trying to take advantage of anything you thought you knew just to try and counter-act his argument. you get nowhere with the police acting like that when you dont need to.
you shouldve said sorry about the people being loud when they left and then said but you cant control that. you shouldve asked him to not enter your house without asking because its personal property and he doesnt know if theres something personal inside he has no right to see (i.e. a girl naked strapped to a couch?) and been polite but stern then since there wasnt really a reason for him to not be able to step in ur door allowed him to stay there as you talked.
again, just sounds like you got hot-headed, when you do that and fight fire with fire with the police you = loss
yeah, i agree with others. I know you probably feel really alone when cops are not listening to what you are saying and ignoring you. But like the person above me said, just ignore it. The cop probably pissed you off and you are really just trying to get him back by calling higher authority. You paying tax dollars has nothing to do with it. Apparently the money is going towards protection because you were the problem according to neighbors.
step 1: be calm when a cop is talking to you
step 2: dont me a smart a.s.s.
step 3: dont run away
he has the right to disperse a crowd. thats why he went in(he could say). the only thing he did wrong was not give you a badge number. he threatened to arrest you, eh, maybe he had his reasoning, if not, maybe he felt threatened by your actions. or maybe he just wanted you to shut up
step 2: dont me a smart a.s.s.
step 3: dont run away
he has the right to disperse a crowd. thats why he went in(he could say). the only thing he did wrong was not give you a badge number. he threatened to arrest you, eh, maybe he had his reasoning, if not, maybe he felt threatened by your actions. or maybe he just wanted you to shut up
I don't think he needs a warrant at all if there is a good reason for him to enter.
If they recieve a 911 call saying there is a woman being raped on the second floor at this address, you better believe the police will show up on the second floor of that house as fast as possible, and they won't be carrying a warrant with them because they have just cause, ie the phone call, to be there.
If they recieve a 911 call saying there is a woman being raped on the second floor at this address, you better believe the police will show up on the second floor of that house as fast as possible, and they won't be carrying a warrant with them because they have just cause, ie the phone call, to be there.
Originally Posted by kutnupe14
Honestly, it sound a bit like a bogus story, I don't think many cops that would allow you to run upstairs while he's speaking to you. You were obviously agitated, and for an officer safety issue the idea of you running upstairs to get a gun would be first on any cops mind...