Legal Question in Criminal Law in Virginia

Illegal entry by police

The police came to a friend's house and had an arrest warrant for stalking. His son answered the door and told the police he would go get him and went to shut the door. The police then stuck his foot in the door and came on in. My friend had guns in the hall because he had just moved and had not put them away. The police saw them and after they took him to jail on the stalking charge they found out that he was a non violent convicted felon and they went back to his house and got the guns and arrested him with possession of a firearm by a convicted felon. No search warrant. Is this legal? Thank you.


Asked on 5/30/08, 11:33 am

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Illegal entry by police

Your friend is in need of a defense counsel who can evaluate all of the relevant facts in the situation described and then, perhaps, file a motion to suppress the evidence(guns) which may have been improperly acquired by the cops if in fact their entry into the premises was unlawful.

You should note, however, that if the cops in fact had a valid arrest warrant for your friend and the

door was opened by the friend's son who had confirmed the presence of his father within, that very likely was enough to legalize the subsequent entry by law enforcement as described to execute the warrant by arresting your friend.

Read more
Answered on 6/02/08, 8:32 am


Related Questions & Answers

More Criminal Law questions and answers in Virginia