Legal Question in Criminal Law in California

Can I file a complaint against a police department/officers for an illegal entry into my home after repeatedly being told they could not enter? When I returned to my residence I was informed by who I believe to be a sergeant with the pd that they did not need permission to enter my home because they were in pursuit. In telling me that, he went on to tell me that my brother was seen making a transaction with a known drug dealer. They went in took my brother out, didn't search anything until I got home and I gave permission, of course because I assumed the officer was telling me the truth. Come to find out the probable cause for coming after my brother which is stated on his ticket as "probable cause" is failure to stop at a stop sign... He was never told of any transactions of any sort. As a matter of fact, when they were taking him out of the home he asked why he was being followed and the response was "he crossed the street illegally". My brother was riding a bike and the stop sign in question is approximately 150 ft from my front door. Any information you can give me would be greatly appreciated.


Asked on 1/10/11, 11:32 am

1 Answer from Attorneys
Anthony Roach Law Office of Anthony A. Roach

Never let the police into your home without a warrant. By giving them permission to enter, you gave them a valid exception to the warrant requirement.

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Answered on 1/22/11, 4:37 pm


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