Legal Question in Criminal Law in New York

entry on real property by NYS troopers

What are my oligations to allow warentless law enforcement to enter upon my real property and my home in a rural area because a neigbor has called in a complaint about the discharge of fire arms.


Asked on 4/29/07, 11:03 pm

2 Answers from Attorneys
florence hessen florence f. hessen,esq

Re: entry on real property by NYS troopers

Hi:

If the troupers have probable cause and exigent circumstances they are within their rights.

Good Luck

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Answered on 4/29/07, 11:57 pm
Anthony Colleluori The Law Offices of Anthony J. Colleluori & Associates PLLC

Re: entry on real property by NYS troopers

If police enter outside property, there is pretty much nothing you can do. However unless they have probable cause they cannot enter your home without a warrent. When Police arrive and ask to enter the home, I advise clients to call me (or another lawyer) register a complaint about it so that they cannot claim consent to search was given, and then they act accordingly. If they still enter, then it is on them to prove probable cause and exigent circumstances. If they fail you have a suit against them.

Keep a lawyer you can speak to 24-7-365 programed in your phone and in your memory and never enter a police encounter without notifing the attorney. BTW if you find yourself in such an encounter...KEEP QUIET, no statement oral or written without first consulting an attorney.

Good Luck.

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Answered on 4/30/07, 11:53 am


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