Legal Question in Criminal Law in Colorado
Illegal search and seizure?
I was in my house when police officers came into my home claiming they were there for a noise complaint. They entered through my garage door which was unlocked.When I asked them for probable cause they wouldn't answer me.There was a marijuana pipe on the kitchen counter that they saw and proceeded to run a K-9 through my home seizing other paraphenelia and citing me for it. Does this break search and seizure laws?
2 Answers from Attorneys
Re: Illegal search and seizure?
yes - they need a warrant or exigent circumstances to enter a home, there do not seem to be any here. Especially if they did not hear noise, they should have knocked on the door.
Exigent circumstances usually must relate to severe injury to a person in order to allow entry into a home.
If the noise complaint was for something that sounded like a person being injured or killed, and the police knocked, but no one answered, maybe they can come in. Likely only if the caller gave credible information and gave their name.
Re: Illegal search and seizure?
It all depends if it as a ruse or not. If there was a legitimat emergency, there is an emergency doctrine for entry into a home without a search warrant. Howver, in almost all cases, the polce need a search warrant to enter a house. If that is the case and there was not an emergency or you did not consent to their entry, then all evidence they found in the house cannot be used against you and the case would most likely be dismsissed.
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