Legal Question in Criminal Law in Iowa

A friend of mine shot off a single firework and then went back into their house, but at the same time they shot the firework off, a cop was driving down the street. When they went into the house they went upstairs to check on their kids. In that time, the police officer came into their house without them knowing and took all their fireworks and left a note to call a number. Is it legal for the cop to do this when they would of had to come onto an inclosed porch and the door leading into the house?


Asked on 7/01/10, 9:03 am

2 Answers from Attorneys

Todd Miler Miler Law Firm

These situations are often not as clear cut as one would prefer, but it is possible that the entry and search in the home violated rights assured by both the U.S. and Iowa Constitutions.

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Answered on 7/01/10, 2:26 pm
Robert Luedeman solo practitioner

And you won't get your contraband back either which could have been the point of the exercise.

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Answered on 7/01/10, 2:42 pm


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