is it legal to search a house without permission if the house's panic alarm goes off and we say everything'sok

Question

the police came over and after asking us if we're okay, they immediately ask me if we're doing anything illegal or if we have any illegal substances. I say no, and we really aren't and don't have anything. The two officers proceed to the basement and question my friends, one takes out his flashlight, flashes it in their eyes and aimlessly on the floor (this room is lighted.) He then opens a closet door without permission and flashes his light around. They then stick around for 20 minutes for no real reason. When they leave, they have the nerve to remind us about a sound ordinance at 10 pm. This is all beccause of a band practice that accidentally set off the panic alarm that goes directly to the police. Can I file a complaint?

Answer 1

You can certainly file a complaint directed to the Police Chief (or whomever holds the ranking position in the agency which responded).

I feel inclined to tell you, however, that the officers were most likely following their agency's protocol. It would have been irresponsible of them to respond to a residential call/alarm and then leave as soon as the first person they see tells them "everything is alright."

The problem is that criminals in residential burglaries sometimes kill the residents or otherwise detain them. More than one crafty burglar/murderer/rapist has answered the door acting as though they lived at the residence. And you did not indicate in your posting whether you provided identification for the officers, or if they even asked for it.

The officer's question regarding whether you're doing anything illegal or have illegal substances, in a situation like this, is ridiculous. And that merits a complaint even though there is nothing "unlawful" about them asking that question.

So if you feel dissatisfied, contact the Police Chief or a ranking official at the agency which responded to the alarm.

Hope this helps.

Answer 2

Usaully I'm not on PD's side, but in this case if a panic alarm is going off they must go in the house to make sure you were not stashing some girl or something in your basement (sounds like you all where acting a bit strange). In a lot of municipalities the police are required to check the premisis if there is a 911 call (even if you say it was a false alarm). This is to pretect the person that has a gun to their head and are being forced to say they are ok. It is for your own safety.

You can be fined in most towns for false alarms, so I wouldn't cause a stink because they will start fining you if it happens again. Most towns have also banned alarms being directly conntected to the Police Station for this reason.

In short, get rid of the alarm and don't start a battle you can't win. They were probably jerks because most cops are, but there is nothing you can really do except write your councilman and mayor to tell them of the officers ill behavior (this mail is read and the officer will at least be warned of his behavior).

Answer 3

When whoever initiated the alarm company contract, understand that when that alarm goes off, the end result is that its assumed somethign is wrong. If for whatever reason the alarm is not turned off, and sounds off, there is so much time before the alarm gives you before they dispatch the police.

At that time, the police are alerted that there is potential intruder to your home.

Thats what you pay for. that level of protection. In understading that process, you must conceed thta its for your best safety otherwise you can cancel the alarm.

Once thepolice get there, they will inspect the premise as if an intruder is present. That means asking everyone for I.D., sweeping through the home to see if there are any threats, or if this is a potential hostage situation.

Any suspicious acticity will be investigated at that point.

At same time, relating to the noice they warned you about,the residents are still accountable for any laws that might be infringed upon, be they underaged drinking,drugs they see along the way, or after hour noisepollution.

Now if they decided to search through your draws, that would be something to complain about.

Rather than being pissed at them, understand they were doing their job in trying to protect you from the threat they were alerted to.

People are too quick to condemn police action, when they should be appreciative of it. It takes an honourable man/woman to put themselves in harms way for the benefit of the community. Just like soldiers do it for our country.

Its easy to hate them, but even if you do, you cant argue that they deserve our respect

Feel free to cancel your alarm contract if you cant deal with the situation

Answer 4

Your panic alarm placed a call, they responded to it. Once there, something set them into the mode of thinking that maybe illegal activity was taking place there. Such as possibly someone had felt threatened, triggering the panic alarm, but once the police got there, out of fear they were keeping silent in the midst of a group. They were right to remind you of a noise ordinance if it was nearing or after 10 p.m.

I'm not sure how band practice triggers the panic alarm, i would think that someone would have had to trigger it. Maybe that is why the police were curious the story just doesn't seem to be right. They shined the light in peoples faces to try to notice if anyone was acting suspicious, or maybe had been crying or looking dishevelled. He opens the closet door to make sure no one is in there holding a knife to someone's throat. This is not a search, this is a courtesy check to make sure you and your friends are safe.

Be grateful that they arrived, took time to take a look around & make sure that everything was copasetic, and that someone wasn't molesting your kid sister in the closet.

Hubby's favorite question to ask on the great majority of his traffic stops is "Do you have anything illegal in your vehicle, guns knives drugs, dead bodies, alcohal, bombs?" It's natural for them to ask if you have illegal activity going on.

Answer 5

Depends on your local laws.....but normally if a call is placed, the responding officer(s) have a duty to investigate until they feel satisfied.

Also a panic alarm is usually more serious than say the alarm that sounds because you didn't punch the code in when you opened the door. Most home alarms when activated trigger an alart at a monitoring station and they're the one's who contact the police.

Answer 6

It's legal. A distress call could mean you tied up your wife or spouse and have her in the closet all beat up. They not only have a right but an obligation. I am in Fed. law enforcement. As I arrived to wrk 1 day, my alarm company contacted me. The alarm had gone off. I went home, and a local police officer was there already. I identified myself and told him I would take care of it. He insisted on checking out the house himself. He also went through every closet and under the bed and even in the showers. It's part of the domestic violence law. The cops need to be sure everything is ok.

Answer 7

If you notify your manager or maintenance workers of a problem in your trailer they should give you an approximated day and time that they can come by to fix it. They could get backed up on another project and not make it that day and time, so they may come the next day instead, but you should be told about it. They do not have a right to enter your apartment if you have not put in a complaint about something being wrong (ex. plumbing, electrical, etc. Are they still fixing things that should have been done before you moved in, if so, then that is why they are probably coming and going without your consent. I would speak and put in writing) to whomever the person is that is letting them enter your trailer without your permission know that you no longer want them in your trailer without a 24 hour notice. Tell them the 24 hour notice should include what is being done and why it's being done. And legally if they are going in to do repairs that you have not complained about and you have not received a twenty-four hour notice, then they are in violation of the tenant-landlord law and entering without permission and can be fined or even serve time in jail. In order for them to enter your trailer when you have not made a complaint about something being wrong, they need to give a twenty-four hour notice which states the reasons they need to enter. If they do not enter within that twenty-four hours they need to give you a new notice for the next twenty-four hours.

Answer 8

Ashley brings up a good point. For all they knew, there was someone behind the door with a gun to your ribs forcing you to say everything was OK.

Check the contract you signed with the alarm company. There may have been something in there that you agreed to by signing.

Answer 9

I think if you have a panic alert directly to them they have to search in case there is someone inside that has threatened you to tell the cops everything is fine, but Im not really sure.

Answer 10

No they had every right to come in and survey the house,It doesn't sound right that they searched the closet though.