Illegal Entry by Officers

[BRN2005]

ArialWhat is the name of your state? Colorado
I had an arrest warrant issued for me for failure to complete community service on time in a driving under revocation. I had, however, filed a motion with the courts to grant and extension of time for me to complete. Rather than answer my motion, the Judge issued an arrest warrant. 2 Officers showed up at my house (I live on an acreage in the mountains with a 1/2 mile long driveway with "No Trespassing" signs). They banged on doors, pushed on screens, tried to open doors, climbed on tables to see inside windows, yelled, threatened, tried to intimidate, etc. for about an hour. When I did no emerge, they went into a pole barn about 50 yards from my house and climbed over property clear to the opposite corner of the pole barn (an oversized 3 car pole barn) to find and drag out a ladder. They then dragged that to the house and up the steps onto a 2nd story deck. They placed the ladder against the house and climbed up to a 3rd story bedroom window (where I was sitting reading a book). They then cut the 2nd story window screen and entered with guns drawn to make their arrest.
My attorney has always advised me that I do not have to answer the door or allow an Officer entry into my home. In fact, he filed a request with the District Attorney to file charges against the Officers. He refused to file charges or do anything about the incident. I was also issued a citation for obstruction.
What are my rights and what are my recourses? I know the Sheriff will not file charges against the officers (we live in a very corrupt county).

 

[CdwJava]

Okay ... you had a warrant issued for your arrest and the officers were SERVING the warrant. They did not enter unlawfully ... it was your residence, they had a lawfully issued warrant, and you were at home. Precisely WHERE was the malfeasance?

A warrant is a court order to take someone in to custody and it generally authorizes entry of the suspect's residence to seize him. There may be some idiosyncracies in CO law that make this questionable, but in general there does not seem to be anything wrong with this scenario.

- Carl

 

[BRN2005]

Illegal Entry

They had an arrest warrant, not a search warrant. They are not Bounty Hunters. They have to have a search warrant to enter the dwelling. I am not an attorney, but my attorney is an experienced one and he strongly agrees with the fact that their entry was illegal.
I do not know about California law, but this is true in Colorado, unless they are in hot pursuit, or their is a threat to personal safety (ie a domestic violence or child abuse situation).

 

[CdwJava]

They had an arrest warrant, not a search warrant. They are not Bounty Hunters. They have to have a search warrant to enter the dwelling.

Not if it is YOUR residence and they have belief that you are at home. And unless the warrant was of the type where you could only be popped in a public place, I suspect the service was permited. But, I'm not from your state.

I am not an attorney, but my attorney is an experienced one and he strongly agrees with the fact that their entry was illegal.

Okay ... then why are you concerned?

I do not know about California law, but this is true in Colorado, unless they are in hot pursuit, or their is a threat to personal safety (ie a domestic violence or child abuse situation).

In most states a seperate search warrant is not needed for an arrest in the suspect's residence. As I mentioned, unless this warrant was such that an arrest is only authorized if you are discovered in a public place, then the entry was almost certainly good.

- carl

 

[BRN2005]

Illegal Entry

A search warrant IS required in Colorado.

 

[CdwJava]

Apparently not:

From US and CO state case law:

Officers may enter a residence without a search warrant to
execute an arrest warrant “when there is reason to believe the
suspect is within.” Payton v. New York, 445 U.S. 573, 603, 100
S.Ct. 1371, 1388, 63 L.Ed.2d 639 (1980); People v. Dotson, 55
P.3d 175 (Colo. App. 2002).




- Carl

 

[CdwJava]

And from Dotson:

Police officers may enter a suspect’s home to make an arrest when they have a warrant and when they have reason to believe the suspect is within. Payton v. New York, 445 U.S. 573, 100 S.Ct. 1371, 63 L.Ed.2d 639 (1980).

Here, the officers were legitimately on the premises because they were executing a valid arrest warrant. See People v. Lillie, 707 P.2d 1043 (Colo. App. 1985).

And from Payton (and the USSC):

For Fourth Amendment purposes, an arrest warrant founded on probable cause implicitly carries with it the limited authority to enter a dwelling in which the suspect lives when there is reason to believe the suspect is within.

Sorry, but it seems the officers were within their rights provided the warrant was not limited to public place contacts.

- Carl

 

[trustknow1]

I realize this is not much consulation; but it appears they at least got the correct address...and fortunately you did not have a soft drink can in your hand when they entered. The last guy with a drink can in his hand in a similar scenario was killed.

 

[CdwJava]

I realize this is not much consulation; but it appears they at least got the correct address...and fortunately you did not have a soft drink can in your hand when they entered. The last guy with a drink can in his hand in a similar scenario was killed.

Where did this happen? Do you have a link?

I hadn't heard about this.

- Carl

 

[BRN2005]

Reason to believe...?

Prey tell, what would constitute "reason to believe a suspect is within"? I know that cops can excuse any of their felonious actions by saying they had "reason to believe" this or that. I've seen it in the past. It is a flaw in the writing of laws (undoubtedly a deliberate flaw to protect the illegal actions of officers). They can say they had reason to believe almost anything, and it is believed because they are supposedly "moral" persons.
Their "reason to believe the suspect was within" stemmed from the fact that there was a car parked at the house. The car was not mine and is not licensed to me. Their only real knowledge of a suspect within came after they entered my pole barn (what gave them that authority?), took out a ladder not belonging to them (theft) and climbed up the ladder to peek in the 3rd story window. Oddly enough, their police report (discovery) included nothing of their actions with regards to the pole barn, the ladder, or any of the other BS. Why do you suppose they might have forgotten to include this in their official report? A mere oversight, I am sure.
I'd really like some legitimate input from someone other than a cop. I know a cop is always going to defend another cop. I didn't post here to argue with a cop. I can do that anytime.

 

[BRN2005]

"Armed Suspect"

FYI, Mr Cop, the incident the other poster referred to happened in Denver, Co. Check the archives of the Denver Post or the Rocky Mountain News for details. Naturally, the cops were found not guilty of any wrong doing because they "had reason to believe"...

 

[CdwJava]

Prey tell, what would constitute "reason to believe a suspect is within"?

That's something for a court to decide. It could be as little as seeing the person inside, or having a witness tell them the person was inside. The fact that you WERE inside kinda makes it hard to argue that they were wrong on that fact.

Oddly enough, their police report (discovery) included nothing of their actions with regards to the pole barn, the ladder, or any of the other BS. Why do you suppose they might have forgotten to include this in their official report? A mere oversight, I am sure.

Maybe. And it could well be that THIS is the key that would get the search quashed. However, you would still have to answer for the charges even if the entry is ruled to be unlawful. It doesn't automatically absolve you of the crimes alleged.

I'd really like some legitimate input from someone other than a cop. I know a cop is always going to defend another cop. I didn't post here to argue with a cop. I can do that anytime.

Well, I don't "always" defend another cop. I have no clue whether what these officers did was right or not based upon the totality of circumstances and the nuances of CO law. I am simply relating to you the law regarding entry when the officers possess a valid arrest warrant ... like it or not, the law says that the arrest warrant allows them to make entry based on a reasonable belief you are inside.

- Carl

 

[CdwJava]

FYI, Mr Cop, the incident the other poster referred to happened in Denver, Co. Check the archives of the Denver Post or the Rocky Mountain News for details. Naturally, the cops were found not guilty of any wrong doing because they "had reason to believe"...

Hard to check for a story without a date or names.

And if a court found the officers had reason to believe you were inside, then it's likely that the arrest will be good.

Sorry.

- carl

 

[laurathelawyer]

Well, I'm sure no cop. I'm a criminal defense attorney (though I'm new enough to that field to hesistate to claim to be an expert). Everything that Carl wrote sounds right to me. I don't see where your sense of outrage is coming from. What were they supposed to do? Wait outside your property until you felt like turning yourself in?