Legal Question in Constitutional Law in Iowa

can police enter my home without permission? I was involved in an incident with my neighbor and the police were called by my neighbor, when the police arrived I went outside to speak with the police and after speaking with the officer my license, registration for my vehicle and proof of insurance was requested by the officer. I gave him my license from my wallet and told the officer I would have to get the registration and proof of insurance from inside my house and officer said "ok" as I walked to my house and up the steps I opened the door and proceeded to go inside I then saw the officer trying to come in my house and told him he could not come in my house, after that the officer proceeded to bully his way in my house as I tried to close the door. I was then tazed, I then removed the wires from the tazer as I felt I was in danger of being assaulted by the police. I was then dragged outside by the other officers that had since arrived on scene as first officer had called for back up. at no point before me going in my house did the officer say he needed to accompany me into my house to retrieve the papers he had requested I was then arrested for interference, assault and the original reason for the cops being at my house criminal mischief fifth degree


Asked on 1/04/14, 5:57 pm

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

There are circumstances in which police may enter a home without a warrant. I don't see any such circumstances in what you have told us. But I would need to know more about what happened before I could say whether the police acted properly.

You should discuss this with your criminal defense attorney. If the officer violated your rights, that may (or may not) give you grounds to seek a dismissal and/or some leverage in plea negotiations.

You might also have a viable civil rights lawsuit against the police department. For now, though, you should focus on defending yourself from the criminal charges.

Good luck.

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Answered on 1/04/14, 6:31 pm


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