Legal Question in Civil Rights Law in New York

Police search without Warrant

I live in a one bedroom apartment in New York City (Manhattan).

At about 3:30 AM this morning I woke up with a start. There were two large policeman standing in my bedroom, shining their flashlights in my face. They announce that they are cops. They ask me who am I and if they can see my ID. I'm in such a daze that it takes me a few minutes to find my wallet, meanwhile one cop is following me around my apt. Then a third cop comes in my apt and he is in plain clothes with an ID slung around his neck.

I ask them whats going on. They tell me that a Nail Salon downstairs got broken into last night and they were investigating. I had forgotten to lock my front door last night, so they walked right in the apartment and into my bedroom.

Are they allowed to do that ? I never got an apology or legal explaination from them regarding this.

I'm not sure what the NYC law says about this.

Can someone please advice.

thanks,

--name removed--


Asked on 5/12/05, 9:53 am

1 Answer from Attorneys

Stephen Loeb Law Office of Stephen R. Loeb

Re: Police search without Warrant

Maybe. Maybe not. I would need more details. Did you make a complaint? Were you arrested? I would be happy to discuss this further with you.

Should you like to discuss this or any other legal matter, you can call my office to schedule an appointment for a consultation or in the alternative, I can be reached for on-phone low-cost legal consultation at 1-800-275-5336 x0233699.

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Answered on 5/12/05, 10:05 am


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