Legal Question in Criminal Law in Pennsylvania
Illegal entry into home by police officer
This will be a very brief description of the events of the night. I was having a family get together and according to the officer involved, a complaint was called that there was an underage drinking party. This was then found unwarranted by the police officer. When the officer arrived, he was in plain clothes and no badge in view. My brother was on his way out the front door and the officer asked if he could come in. My brother stated this is not my home. The officer proceeded through my door into my living room, once in the living room he produced his badge after my husband told him to get out of his house. The officer did not leave and things escalated. Did the officer have the right to just barge in my home without a warrant, not identifying himself, not being invited in, along with not stating what his reason for being at my home.
Thanks
2 Answers from Attorneys
Re: Illegal entry into home by police officer
What you fail to state: What if any charges were filed by the officer, if none what if any damage was done to you, your family, or the home?
The 4th amendment protects against illegal search and seizure, the question you need to ask, if the police failed to bring forth any charges against you or your family, and you incurred no real monetary damages, then I would recommend leaving sleeping dogs lie...in other words let it be, litigation would only cause you and your family more problems down the road. I would however, retain legal counsel to discuss this matter in more detail as well as recommend possibly filing a complaint with the police department and the mayor's office.
Re: Illegal entry into home by police officer
The Constitution provides significant protection against entries into a private home by a police officer with a warrant. From your description it would appear the officer violated your 4th ammendment right by entering without permission and without probable cause that a felony was being committed on the property. I offer free consultations.
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