Armed thugs came into my house with no warrant?

Question

Here in Portland, Oregon I had cops come into my house without a warrant to brandish weapons at myself, my boyfriend, roomate and our dog. It sucked. I'm looking for ideas on how to make a good fuss about this to hopefully help protect the constitution. Full details here.

http://portland.indymedia.org/en/2007/07/362507.shtml

Also does anyone know if the fact that our door was open (for ventilation in 100 degree heat) nullifies the need for a warrant?

I dont know if they had a warrant or not, they said they had a warrant and then they said they didn't. He went to the police station and made a statement and they let him go. His girlfriend was not here at all that day, this happened at her house.

My boyfriend is not wanted. Niether of us have ever been arrested. When they came in our front door was open and there were 3 people visable from outside, 2 playing video games and myself sleeping. The supposed victum was in another county, the police had talked to her and left. I'd think if they were really concerned for her saftey they woulda stayed with her.

As for my spelling, eat my shorts.

Answer 1

You'd better pray that no REAL armed thugs come into your house. You will have no recourse from beyond the grave.

Answer 2

1

Answer 3

Hi me and good morning...Wow! I had read your story...interesting...but not valid. These officers apparently did not show the warrant to you...did they? Didn't think so! If an officer of the law has a warrant per say, then one needs to show the 'proof'. No warrant no search. They have violated your 'rights'. The 'care taking' krap is for the birds. This was an excuse to enter your home. The whole thing sounds 'fishy' to me but I'm not an attorney so what I would definitely do is to contact one and immediately! You just might have a civil case against the police department of Portland if what you are saying is factual. Don't get me wrong, I'm not calling you a liar but sometimes the authorities will have something up their sleeve to find them innocent while making you look like 'boo boo the fool'. What the authorities had done was wrong. They should have had a better solution to the problem. Why couldn't they have just 'knocked' on the door? This would have been more appropriate than to break in on a false pretense. You are getting the famous 'run around' from your local police department. They are sending you to other precincts so they won't have to justify on what they did. I would definitely contact a lawyer! Good luck!

Answer 4

The police are required to show you a copy of the warrant at the time of entry. Though some courts interpret this to only apply if you ask to see the warrant.

Whether the door was open, closed, or off the hinges does not matter. In the US, a warrant is required for any entry into a private residence -- with three exceptions.

First, hot pursuit -- if the police were chasing someone and that person enter the house, the police could follow. Second, if the police saw through the open door activity that was obviously illegal -- that's the "plain view" exception. Third, if the police reasonably believe that someone's life is in danger, and that entry would prevent an innocent from being harmed.

Other than that, the warrant is required. And your attorney can not only move to have everything pursuant to the warrantless entry excluded, but can sue under 42 USC 1983 for violation of federal constitutional rights.

IF they didn't have a valid warrant.

Answer 5

As I read your statement, it sounds like you had both agencies at your place (blue & brown uniforms). I also get the idea it was also Kevin's house - is that correct?
They do not need a warrant to enter for some circumstances. They cited the "community care taking" claim. This may or may not stand up. The involved officers MUST be able to articulate the emergency. It sounds like the past domestic violence history had them concerned enough to deem this an emergency. You provided Kevin's statement of the night but what about his gf's? Do you KNOW what she told the dispatcher? Something set the cops off.
IF they had a reasonable suspicion she was in the house & in danger, they can enter without waiting for a warrant. But again, they must be able to articulate this suspicion.

As far as getting to this explanation, you probably need to get to the radio log. The dispatcher logs in the calls & the officers' responses. OR the department has the call on tape. Since there was no arrest, there may not be a written report. You need to go into the departments & talk to the shift supervisors or internal affairs departments if the agencies have one. File a written complaint. The department MUST investigate the officers' action based on a citizen's complaint. In CA, you would be entitled to a finding also - although the finding will probably be pretty vague & you will not be told what action is taken by the department if the officers are found to have been in the wrong.
Lastly, lawyers thrive on this stuff & are happy to sue although there is no guarantee you will win.

Always nice having an attorney answer. Thanks, Corigryph for the input.
Spaq, if you have the facts, why not supply them? You complain of one sided info but then fail to supply the other side. You should not complain about something you yourself also do. My opinion.

Answer 6

There is no constitution any more. They can pretty much do what the hell they want to, whenever the hell they want to do it!
It's called flexing their power, and they are very good at it.
They make their rules up as they go along.
I have been arrested for P.I. and i hadn't had a drink yet. Seems. they can arrest you for P.I. and need no warrant. Also, never ask a gop in your house and never go out on the porch to talk to them. They are kind of like vampires, you have to invite them to come in and then they can arrest you on anything they deem against the law., they might see supposedly something that was out of sight, in a drawer. They can claim the drwer was open and swear to it in court and who do you think the judge is going to believe?
Wake up and smell the roses. They are suppose to smell good, but their roses don't.
I am trying to get away from my own kids before they put me in a home. They are looking at the money. I may be on the run here shortly!

Answer 7

Simmer, simmer down, now. Eh simmer down.
You filed a complaint. Maybe that's enough. Certainly you aren't going to get anywhere without a lawyer. If they did enter without a warrant, it's a technicality. They didn't arrest anyone so there's no case to be dismissed.
You're just hyped up on it because it is pretty disturbing to have your privacy violated. But they're just cops being crude and doing a sloppy job. If he had gone through with his threat and searched the house that would be something different.
Now what's this offer to eat my shorts? I don't think your spelling is all that bad--Baby.

Answer 8

Get a lawyer, file suit for the violation of your civil rights, and ask for an extremely large amount of money. If the city and/or state governments are faced with a large penalty they will be likely to investigate, take action against the officers, and offer you a substantial settlement.

Answer 9

they had every right to enter without a warrant. they received a complaint about someones welfare and that they may be in danger.you are very lucky you did not get tased.you kept running your mouth saying they could not search.they had the right and did not need your poermission.i find something very odd thet you said. you said your boyfriend szw police on the porch and said to them they could not search. how did he know they were going to search?you sound like a bunch of young dopers that were afraid they would get caught.if your complaint is found to be unfounded the polcie can file charges against you for filing a false complaint.they could have cuffed all of you and sat you in the squad while they went after a search warrant.your story is full of holes and your statements are very inconsistant.you need to be very careful and will have to answer why you were so adament about not wanting them to search.what were you hiding?

Answer 10

The question is why did they do it. My guess is thay had a reason..they had to have suspicion that there was either somehtin happening that could not wait for a warrent its kinda silly to make it seem like they were just drivign down the street and one turned to the other and said"Hey Gibbs, lets go raid a house" then the other one says"Ok Bryant...that one looks good... they have door open so we wont have to kick it open.. i'm too hot." "Yah it's too hot to break stuff...but maybe we can grab a drink in there"

Because as amusing as that was to imagine.. I dont see that in being realistic.....

Answer 11

Nice set of false facts. I know the officers involved and you are not actively portraying what happened. Trying to plea your case on a biased set of facts will not get you anywhere. Oh, and posting and referring to the "Independent Portland Rag" wins you no points as it is an unchecked liberal blog with no true information. Maybe you should start obeying the law, not be known by first name by deputies, not be dating a wanted boyfriend, and stop with the "illegal" activities. Nice try at shifting the focus though.