Legal Question in Constitutional Law in New Jersey

Entering House Without Warrant Or Consent

Hi,

Here is the situation. I live in New Jersey. My daughter's boyfriend was sleeping at my house after attending a party earlier in the evening. At the party, her boyfriend apparently had gotten into a fight with another boy.

At around 5:00am in the morning two state police knocked on the front door of my house. My daughter (who is 17 and still a minor) answered the door and they entered the house without confirming whether her parents were home or her age.

They asked her where her boyfriend was and when she told them they proceeded to go upstairs into her bedroom and seize her boyfriend. They took him out of the house and drove him to the police station to arrest him for assault.

This all happened while I was asleep in my bedroom. (my wife was out of town on a business trip).

I wanted to find out if my constitutional fourth ammendment rights were violated since the officers did not have a warrant and did not get consent to enter my house from the owner. Further, they didn't just enter the house, but proceeded to go upstairs and enter the bedroom of a minor without my consent or knowledge?

What action can be taken if any, and what impact could this have on the arrest and the case?

1 Answer from Attorneys

Related Questions & Answers

More Constitutional Law questions and answers in New Jersey

Looking for something else?