Legal Question in Criminal Law in Florida

I live in a gated community in Florida (the gate is unmanned)... Whenever I have services or deliveries i insist these individuals use the communication device at the gate and call my home.. I then open the gate from my home allowing them entry to my street. I was recently the victim of a "Knock and Talk" The police lied to my wife (I was not home) and bullied their way into my home and conducted a search... no charges were laid as a result... the detective at the end of the search indicated to my wife that we must have a neighbor that must be upset with us.. they would not reveal the identity of this neighbor. The detective said the neighbors tip indicated we were operating a marijuana grow house... 1- Isn't this a form of a false police report? 2- Why are police without cause allowed to enter through my gate which is clearly there to restrict entry into the neighborhood... isn't this trespassing?... my HOA tells me that any civilian that enters the street through a means other than being buzzed in by the home owner is trespassing... doesn't this apply to a Talk and Knock tactic?


Asked on 4/03/14, 2:01 pm

1 Answer from Attorneys
Craig Epifanio Craig Epifanio, P.A.

First the police have the right to go anywhere where they believe a crime has occurred. However, The 4th Amendment requires a warrant to enter your home, but your wife gave consent, even if it is the usual bullying tactics. Assuming she is an adult, she can always say no, and I always advise my clients to NEVER give consent without a warrant. As far as the false police report, it could be a neighbor suspected something which wouldn't be. Of course, if any person, knew that you were not guilty of doing anything wrong, then that person could be charged. You could get a copy of the police report as a public records request to see who implicated you.

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Answered on 4/06/14, 4:41 pm


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