mY wife was home and I was at work. She said that the police knocked on the door and told her they were looking for someone, so they had to search our home. When they entered, they didn't really look, they checked our bedroom and then proceeded to ask questions. THey asked questions about immagration, they asked if I was a citizen, and that they needed to talk to me. Is this legal?
2007-07-11 04:49:45 · 21 answers · asked by Anonymous in Politics & Government ➔ Law Enforcement & Police
I dont think they were looking for me. My wife gave them my phone number, they never called. They had "ICE" on their uniforms, does that change anything. Still, can they do this leggally or can I file a complaint?
2007-07-11 05:12:37 · update #1
The police can ABSOLUTELY lie to gain consent. I often ask people during traffic stops if they have anything illegal in their vehicle such as "Bombs, bazookas, hand grenades, meth labs..." Do i think that they really have those.... of course not. When they say no i ask if I can take a look. When they say yes, I look. If i happen to find a bag of speed or a gun, its all good. Its called consent and it does away with the need for a warrant.
So, to all the naysayers....
Hire a lawyer if you like... they will gladly take your money...
File a complaint if you like... It will give you something to complain about later when the agency finds against you
If you are doing nothing wrong, you have nothing to worry about. If you are doing something wrong, then hopefully the cops nab you.
2007-07-11 17:25:39 · answer #1 · answered by James P 4 · 0⤊ 0⤋
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2016-06-04 01:23:23 · answer #2 · answered by Willy 3 · 0⤊ 0⤋
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2017-01-20 00:40:00 · answer #3 · answered by ? 2 · 0⤊ 0⤋
Sounds like she let them in. If the police show up at your door and ask "can we search your house?" and you say sure, they don't need a warrant because they have consent. You have not shown anything here that is a clear violation of law. You don't really even know if they were actually looking for some one. They might not have been looking for you as you state, however they might have been looking for someone that the believed was associated with you in some way. You may never know.
2007-07-11 05:21:34 · answer #4 · answered by davidmi711 7 · 1⤊ 0⤋
Well, Its rather fickle. The Police can enter your house with probable cause if they have reason to believe that the person they are looking for has entered your home, But there are defenses in which you can take to keep them out. For example. You do not have to answer the door, even if you show them that you are there, or even if you wave at them through a window. Pleading the to fifth amendment helps as well, even if you are Illiegal the police must obey and follow the guidelines of the Untied States Constitution which protect even those who are not citizens within our lines. As of them asking questions about your Citizenship.. Its just a question, they can ask anything they wish but if they are denied the answer and pursue it further then it is borderline harassment, and even the police cant get away with that. Now, On them needing to talk to you. Ignore it. You don't have any obligation to talk to the police department. If they want to talk to you, they will find a way to get a hold of you. via. Cell Phone, Work Phone. Remember, they are your tax dollars at work.
P.S. Open Thoughts is a moron.
2007-07-11 05:09:20 · answer #5 · answered by bejiita 2 · 1⤊ 2⤋
This would constitute a warrant-less search, which has just recently been upheld by the Supreme Court as ILLEGAL.
They used the excuse of searching for someone, which would constitute probable cause, but it being the privacy of a home, and no immanent threat to person or home, they would need a valid search warrant, even if permission was given, since the excuse was not valid.
I would file a complaint.
I would assume they left a number where they can be contacted?
2007-07-11 05:00:33 · answer #6 · answered by Anonymous · 1⤊ 2⤋
They said they were looking for someone. From the questions they asked, it sounds like the "someone" was you, so they weren't lying.
The police cannot enter without a search warrant UNLESS you (or in this case your wife) let them in, or they have what is called "probable cause" to believe that there was illegal activity going on. However, once she agreed to let them in, they were allowed to search the place - she'd given them permission to do so.
2007-07-11 05:03:31 · answer #7 · answered by triviatm 6 · 2⤊ 0⤋
Yes. Police can lie to people. They do it all of the time. But they cannot enter a home unless given permission, in pursuit of a criminal or with a warrant. I have given my spouse specific instructions never to let policeman into our home or car for any reason, no matter what they say. They should be instructed to wait outside while a lawyer is called. Or to simply say that your husband is not here and close the door. Your civil liberties may have been violated, so contact the ACLU (lawsuit!). Also, you better figure out what the hell the cops want, but have a lawyer inquire on your behalf.
2007-07-11 04:55:27 · answer #8 · answered by Big Momma Carnivore 5 · 0⤊ 3⤋
The criminal ramifications are penitentiary time for attack with a perilous weapon. The civil ramifications are a wrongful loss of life lawsuit filed with the aid of the victims relatives in the event that they die, or an harm lawsuit filed in the event that they're injured. If it have been me, i could lock the refrigerator. an option is to close the storage door on them and get in touch with 9-a million-a million. they're burglars because of the fact they entered your storage with the point to thieve beer. tell the 9-a million-a million operator which you have a burglar trapped on your storage. I promise you that the police would be there ASAP.
2016-10-01 09:15:14 · answer #9 · answered by delilah 4 · 0⤊ 0⤋
1. If they have probable cause to think that the person they were looking for was inside your house, they can enter to look for them. They cannot force your wife to answer any questions about anything else.
2. I have a difficult time believeing your story because the police do not give a damn about illegals in most areas of the country. They can be reported, and the police do nothing.
3. If you ARE here illegally...get the he11 out of this country!
Big Momma, I would agree with you with 2 added comments. 1. If legally here, rights were violated but if not, the only right is to be deported. 2. If here legally, the ACLU would do nothing because they NEVER fight for what is right anymore.
bejitta...you are an idiot. My post was 100% accurate, and you calling me names tells me that you are either illegal or stupid enough to support illegals.
2007-07-11 04:54:14 · answer #10 · answered by Anonymous · 2⤊ 3⤋