Legal Question in Criminal Law in California

"Can a private citizen break down a door and enter a building under "exigent circumstances?"

True story, happened at 2am today:

Jill (tenant) shares house w/2 ppl. Bell rings at 1am, they ignore it. Then 2 roommates hear banging on 2nd flr patio door. They run into another room & lock door.

2nd floor patio door is broken down (frame splintered from wall) & male enters, tells roommates that he is Jill's ex-boyfriend (& ex-cop) & is worried because she didn't pick up phone when he called her.

They do not recognize him and call 911. Police arrive & assess, then knock on Jill's door. She doesn't respond. They kick the door down. Jill is unconscious (drunk). They call paramedics who reco she go to the hospital. She declines. Everyone leaves.

Aftermath:

1) Can ex- legally enter under these circumstances? Watch Cmdr says "yes," not b&e

2) Who pays for damage ex- caused?

3) Who pays for damage cops caused?


Asked on 11/15/12, 9:40 am

2 Answers from Attorneys
Anthony Roach Law Office of Anthony A. Roach

Sounds like a stalker cop to me. Contact Internal Affairs. Also make a claim for the damage, with the city, immediately. When the claim is denied, or 45 days passes without a resolution of the claim, file a lawsuit. There are attorneys who handles these types of cases on a contingency basis.

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Answered on 11/15/12, 11:17 am
Zadik Shapiro Law Offices of C. Zadik Shapiro

Ex cannot legally break into the apartment. But his motives seem good and he is unlikely to be charged. Who pays for what is basically a civil matter. Jill and ex should work out who pays for his damage. If they cannot work it out those who are on the lease can sue ex in small claims court. Those who are on the lease or the owner should make a claim against the city. Again it is probably a small claims court matter if the city refuses to pay.

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Answered on 11/15/12, 3:52 pm


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