Legal Question in Civil Rights Law in Oregon

I went out of town for a few days on vacation. My neighbor noticed that my sprinkler wasn't being moved and so called the police to report that something might be wrong (I don't know who the neighbor is, they most likely don't know me).

An officer came to my residence which had all the doors locked but one as a "secret" in case I lost my key on vacation. After trying all the doors, they found the unlocked one and entered my home.

Upon searching my home they found a small amount of marijuana stems and some burnt resinous powder.

They left a card next to the stems and one on my door asking my to call them when I got home.

I called them and they came to my house and told me that they had been on a "security" call. They asked my about the marijuana and I responded to all their questions truthfully without volunteering any unasked information.

They told me they would "let me slide on the marijuana" once I asked whether they had a search warrant to enter my home or had even bothered to phone me since I am easily found in the book before they decided to come inside.

While I'm glad I'm not in trouble, I'm concerned that my rights were violated in that they had no probable cause to enter my home nor any rights to any evidence gained in a subsequent search of my home.

This seems like a simple case we learned about in jr. high school but I wanted an expert's opinion.

Thanks


Asked on 8/05/09, 12:17 am

1 Answer from Attorneys
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

The law permits, and may require, law enforcement officers to enter a dwelling when they have had a reliable report that something is amiss and someone may be in danger. An occupant could, for example, have had a stroke and be lying helpless and in need of assistance. A phone call from a neighbor advising that the resident hasn't been seen for several days, or something is out of the ordinary, is such a reliable report. Viewing items in plain view of the officers after entering under such circumstances is not a search requiring a warrant, but is legal unless contained in a closed drawer, suitcase, or other enclosure the search of which would require a warrant. They gave you a break. Smile and let it go.

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Answered on 8/11/09, 11:23 am


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