Legal Question in Criminal Law in Massachusetts

Illegal

The doorbell rang. I opened the door to my apartment, which is on the second floor, and steped out onto the common stairway. Due to my roommate's cat that likes to challenge your ability to keep him from darting out the apartment door we have always had to close the door to our apartment before going down a flight of stairs to unlock and open the door to the building. After I pulled the door closed and begin to descend down the stairs a loud crashing noise startled me as I see the front door to the building fly off it's hinges into the air and come crashing down several yards into the common hallway and an army of policemen in uniform and several other men in regular clothes charging towards me up the flight of stairs. I was asked if I had any guns or weapons. I responded by saying no. As they got to the front door of my apartment they swung the door open and asked if anyone else was inside. I said yes that two friends were inside in the back. While in my apartment they found drugs. A search warrant was issued 5 hours after my arrest. Did the police have a right to enter my apartment even though I was arrested outside my apartment in the common hallway?


Asked on 10/03/06, 5:26 am

2 Answers from Attorneys
Martha Kovner Law Offices of Martha J. Kovner

Re: Illegal

Did you give them permission to enter your apartment? I really would need to review the police reports to see what happened. Your description of the events sounds as if the police were acting inappropriately but I really need to review all reports. Please feel free to contact me further. Martha Kovner

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Answered on 10/03/06, 10:30 am
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: Illegal

While you described the event is detail, you failed to detail why the police was present, and what authority the police believed they had.

As stated by Kovner, in part, the police has certain authority pursuant to the law to go places, and arrest people. Some place that information exists.

If you were arrested, there is at least one police report, there are tapes of communication between the police and the police station, there is an application for a search warrant and its return, just to note a few documents.

I suspect that you are being represented by an attorney. That attorney should get this information, and give you copies. If you are not being represented by an attorney after what you described, you should get a criminal defense lawyer.

As you can tell, I do this work, and you can contact me if you have questions.

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Answered on 10/03/06, 11:43 am


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