Legal Question in Criminal Law in California
knock and announce rule
A sheriff's officer knocked on the door of my private psychotherapy office door then immediately entered, no announcement, and arrested a member of the group for a recent domestic violence incident. Is this legal?
2 Answers from Attorneys
Re: knock and announce rule
At first blush, absent a warrant and some type of exigent circumstances, (for example he was escaping from law enforcement by fleeing into your office) then NO, this does not appear to be legal especially because this was your private office. I assume your private office is not open to the public even though it sounds like you had a group therapy session taking place at the time. This will be more significant with respect to the member's criminal representation than any civil claim you might have. His criminal defense attorney will likely have some nice arguments to make in his case as a result.
Hope this helps you.
www.NotGuiltyInCA.com
Re: knock and announce rule
Maybe, maybe not, but it's outrageous; and it rates at least a letter from the county or state psych society to the Sheriff and the Board of Supervisors. Or news media attention. Or all the members of the group each filing a claim; and then suing the county in small claims court for $7500 each for invasion of privacy.
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