Legal Question in Civil Litigation in Florida

your rights/ police entering your home

If someone calls the police on you and states there is a domistic violence accurring, and there is not, are the police allowed to enter and search your home?


Asked on 1/07/07, 3:01 pm

1 Answer from Attorneys

Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: your rights/ police entering your home

Probably not. The call gives them probable cause to investigate. They should come to the door. If they hear or see something that confirms the report of DV (a crime), then they can enter. Without some corroboration of the report of a crime, they cannot just enter the house and search. Of course, the current administration apparently believes that is someone called and said that you were a muslim terrorist, then that would give the federal agents to do just about anything they wanted to do, including arrest, detention, extraordinary rendition, torture, or "aggressive interogation", etctera -- right to trial? forget about it; right to counsel, not a chance).

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Answered on 1/07/07, 3:40 pm


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