The police went into our rent house at 2 in the morning when nobody was there. The people moving in did not sign a lease yet, they were just painting, but NOT home. The police broke in and took a paintball gun, because a house in the neighborhood was paintballed, but they did not do it. What can I do about the police entering the house like that? They did not even ask us for permission or the people moving in, because they were not there. There was no search warrent and not any permission from me the owner of the house. What can I do?
2007-07-24 03:10:38 · 14 answers · asked by nick k 1 in Politics & Government ➔ Law Enforcement & Police
Find out if there were any charges filed in the vandalism case.
If not, they will give the paintball gun back to one of the tenants.
The police got a tip that their was a paintball gun in there. Their is probably some truth to the allegations, therefore.
Of course, with no proof and an illegal search, the charges would never stick. They will get the paintball gun back with only the inconvenience of having it tied up in the system for a little while.
2007-07-24 03:16:58 · answer #1 · answered by cop350zx 5 · 1⤊ 2⤋
If they were just painting, why would they have a paintball gun there? Was it your's or theres?
Why are you letting people paint even though they don't have a lease?
If no one occupied the house, why would police assume there would be evidence in the house?
How do you know they didn't have a search warrant?
Did the police just break in? Was there any damage?
This doesn't add up. But if it did happen like this, call the chief of police and complain. If that doesn't work, try the city prosecutor's office
2007-07-24 10:21:09 · answer #2 · answered by Kenneth C 6 · 0⤊ 0⤋
Just out of curiosity, if no-one was there how do you know they didn't have a warrant? If they have a warrant but there is no-one there to show it to they can legally enter and do their thing. I suggest that as the owner of the property, you go to the police station and ask for a copy of the report detailing what happened. Be polite and don't mouth off, no matter how tempted you may be. If they seized an item pursuent to a warrant, there will be a paper trail a mile wide. However, even if you (not someone in your family) are the owner, it's generally only the legal resident who can ask these questions. It the people had a key to the house and controlled what was going on, then they, not you or the legal owner, who says who can or can't enter. As I said, be polite and calm and unless you can prove that *you* are the legal owner, don't claim that you are.
2007-07-25 01:32:48 · answer #3 · answered by Penguin_Bob 7 · 0⤊ 0⤋
The people moving in have no rights with regards to the building that they do not have any control over! The landlord does!
And yes, it is illegal to break into a house and take private property. If they weren't the police they would be out on $10,000 bail awaiting trial!
You could complain to the chief, however you may have more luck with the Attorney General who investigates and prosecutes people for illegal acts!
2007-07-24 10:17:52 · answer #4 · answered by cantcu 7 · 2⤊ 0⤋
If the house was locked and the police broke in to search it without permission and without a search warrant then it was an illegal search and seizure. Any evidence collected cannot be used and the police are liable for any damages they caused.
2007-07-24 10:27:24 · answer #5 · answered by ericbryce2 7 · 0⤊ 0⤋
well get Ur self a layer and tell him Ur story , and if the gun was in plain view of the officer then he could of taken it/ but if the paintball was hiding some where and he search every where: EX: like Ur closet with out a search warrant u can sue them
2007-07-24 10:18:59 · answer #6 · answered by Ivan 1 · 0⤊ 1⤋
What state do you live in? Something similar happened to my sister except the sheriffs dept. had the wrong house, They thought it was a house that belonged to the neighbor. They smashed her door in and went in side to look. The sheriff tried to make it look like there was nothing she could do, But she held them responsible and they had to pay for repairs and it was turned over to the DA, I think they will be more careful next time, I think they got their butts in a wringer.
2007-07-24 10:18:12 · answer #7 · answered by Robin L 6 · 2⤊ 0⤋
Get an attorney.
If the PB gun was in plain sight through a window they should have gotten a warrant but didn't necessarily need one.
2007-07-24 23:09:09 · answer #8 · answered by Officer 4 · 0⤊ 0⤋
Call your city councilman and ask him to get you the money for repairs they committed. It was illegal but your question sounds extremely fishy.
2007-07-24 17:05:19 · answer #9 · answered by Anonymous · 0⤊ 0⤋
You can't do anything. You have no rights. Or didn't you know that already? Be glad they didn't find a marijuana plant or you would be behind bars right now.
2007-07-24 11:10:31 · answer #10 · answered by Anonymous · 0⤊ 0⤋