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kripto

I would really appreciate it if someone here could give me some legal knowledge or opinions on this subject. Here is the situation:


A couple of weeks ago a police officer came to arrest my neighbor (who rents the other side of a duplex I own half of) for violating a restraining order. He was outside when the officer drove up. My neighbor turned around, went inside, and locked the door. After getting no response, and knowing the suspect has several weapons registered under his name, the officer called the SWAT team to back him up. I was not at home while this was happening, my girlfriend was, and I was on the phone with her when she told me three guys in black with helmets and M-16s were knocking on the door. She opened the door, they grabbed her and yanked her out and made her come with them. First of all, I was not happy with this - are they actually allowed to do that if she wanted to stay? That wasn't really too big of a deal though, they were honestly trying to help her because they didn't know what to expect. The next problem came a couple of hours later - I got a phone calland it was a SWAT officer. He told me that while he was in the house my dog bit him, and wanted to know where his rabies papers were. I was shocked. What? In my house? With whose permission? I guess that is another question - do they need permission to do this. They sure as hell didn't have any from me or my girlfriend. by the way, my dog is a two year old chocolate labrador who has never bitten anyone, nor would he unless seriously provoked. I guess the dog poop and pee all over the floor was proof of his provoking. Anyhow here is the major problem, or maybe not even a problem at all - the SWAT officers had to go into the closet in my room to check my attic, this is where I keep all of my weed and pipes and things put away. There are several things scattered around my walk in closet, I'm sure they saw the bong, I had about a half oz of weed in a box - they would of had to open it to see the weed - and other random paraphanelia that I had privately put in my closet. My question is this: if these officers saw any of these things is this enough probable cause for a search warrant? And to stretch this question a little further, let's hypothetically say I had an ounce of crack rock on my dining room table - would this be enough for a warrant? it was nothing that serious, but I'm basically wondering since they had no warrant, can they use anything that they see to obtain a warrant? and to top it all off my dog was a month late on his rabies shot so they took my "vicous" chocolate lab and quaranteened him in a kennel for 10 days. at my expense. $150. I'm still shocked.

thanks for your responses.

 

JTP

Getting your girl out of the way seems pretty straight to me.

This is truely a duplex, the two residences are completely seperated? Do you share the attic?

Are you sure your girl didn't tell them they could look around?

If they were not invited in they needed a warrant.

I wouldn't worry about the dog bite if the LEO wasn't suppossed to be in there.

kripto

jtp

I'm sure my girl didn't give permission. she told them it was not her house, it was mine, they would have to ask me. but they didn't. and I'm not worried about the dog bite, I just missed my dog and the $150.

JTP

They took your dog?

kripto

yeah animal control came the next day to take him and quarantined hime for 10 days - he was late on his rabies shot. $15 a day to "board" him. ok so he was a month late, but they never would have known that if they would have respected the privacy of my house. makes me not even llike living here anymore.

 

K9Copper

If they were still engaged in "hot pursuit" of the suspect, then 'no', no warrant was needed to make entry if they could reasonably articulate their belief that the suspect could be inside. Layout of the duplex could also come into play. Now reference the narcotics. If the items were in plain view or in an area that a human body could be concealed and the area is searched (remember, looking for a possibly armed man), then yes, those items could be held against you, no warrant needed. Now, if items are found concealed in an area too small for a body, such as a box, then no, the dope can't be used against you because the Police went outside of the scope of the original purpose of the search, that being looking for a person. So yes, if they observed items in plain view, this will be enough to get a warrant and come back. They could have also had your GF leave or wait outside (unrestrained) while they wait and get the S.W. Now, you won't be able to claim a 4th Amen. Right Violation if they opened boxes, found contraband, but do not charge you with it. Now for the dog, the dog bite happened regardless of location or reason, you were not up to date with your shots, and that is what happens. I'm sure it will be the end of story on that part though.

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kripto

thanks k9.

the thing is this duplex is completely separated, not a dumpy duplex, nice houses with a firewall in between. when the officers finally got the guy next door, he was passed out in a coma from alcohol on his bed. They approached his bedroom window with the SWAT robot and it broke the window and the robot's camera observed the guy sleeping on his bed. they waited for hours after he was arrested and couldn't even get a search warrant for his room. it just seems to me that they should have asked permission, and if I denied, well then it's my house let me be. not one person that reads this could say they'd want their house used as a SWAT team base. if I would have left something out accidentally what your saying is I could have been arrested? I'm one semester from finishing school, and I like to smoke weed to relax, and I would be considered a criminal. probably give me a rough time getting a good job. all for what? anyway in retrospect what sucked the most was my dog, just gone sitting in a cage for ten days when he's used to running around flipping his ball around all day. I missed him like one of my friends moved away or something. and yeah, I admit it was absolutely partially my fault for not having his shots up to date, but man, that's a heck of a price to pay.

JTP

K9,

How does "hot pursuit" factor in this situation?

Cassius

If they were chasing him, they lost sight of him, they believed he might be inside, they're allowed entry without a warrant to search for him and him only. Anything in plain view they can make a fuss about later, but they're not allowed to search anywhere that a human body cannot fit, like inside your weed box.

I think that's how it works...

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JTP

That is my understanding as well Cassius. They found the guy sleeping in his bed, and didn't chase him anywhere. That is why I asked.