x sued an officer and a judge for house search. x alleged that the officer acted in gross negligence when they forcibly entered the wrong premise and found no object or contraband they so intent to sieze. is the act of X valid?
2007-10-06 18:24:07 · 8 answers · asked by Anonymous in Politics & Government ➔ Law Enforcement & Police
Since this was a warrant search, there is no need to deal with a warrantless search.
If the house is not the one in the warrant, then the police will have to pay for any reasonable damages. If the house is the one on the warrant then the probable cause has to withstand the issue. In no event will the judge be responsible, because he was working off the affidavit presented to the judge and sworn to by the office. I have approved 100's of warrants and been in chambers during the swearing of the officer.
Just for the record, the police may enter if there are what are called exigent circumstances. They vary.
Serving a warrant goes something like this..."This is the police, we have a warrant and demand entry." They do this as they knock on the door Then there is about a five second wait and they break the door in. It is called, 'Knock--notice"
2007-10-06 19:19:43 · answer #1 · answered by Songbyrd JPA ✡ 7 · 1⤊ 0⤋
If they can see a party going on and see minors drinking from their patrol car on the street, that gives them probable cause to enter the home. If they actually do smell marijuanna they can search the immediate area but not the whole house. If they lie about smelling marijuanna and search the house, they are violating the law and the home owner's rights. As far as looking through windows, they do not know what room the window leads to until they look so I don't believe looking through a bathroom window would be sexual harassment unless they do it repeatedly. Also, I believe they can only look from the street unless they see a law being broken. No they cannot come into the home just be cause there are minors at the party. They need to have some reason to believe that the minors are actually drinking. That reason could be that a neighbor said there was underage drinking.
2016-05-17 23:12:53 · answer #2 · answered by leeann 3 · 0⤊ 0⤋
In order to barge in, they have to believe that something is going on right then or a fugitive is lurking. You'd certainly hope they'd bother to check the house number first. They are justified with suing the officer, but why the judge? Did the judge sign an order for the wrong house? If so it would be the judge's fault not the officer's.
2007-10-06 18:30:20 · answer #3 · answered by Anonymous · 0⤊ 0⤋
They could be charged with trespassing. Search Warrants issued by any judge MUST bear the exact house number and location. If the warrant server entered a house that does not indicated on the warrant, the warrants become void and illegal.
2007-10-07 12:50:24 · answer #4 · answered by Joeyboy 5 · 0⤊ 0⤋
Yes the act of X is valid. Whether or not the verdict would favor X depends on the jury and what X is seeking for.
2007-10-06 18:32:25 · answer #5 · answered by Glen B 6 · 0⤊ 0⤋
i believe so... the act of forced entry is only allowed when a search warrant is provided. This search must be consented to if there was no warrant... to fully understand though we would need much more information!
2007-10-06 18:52:11 · answer #6 · answered by Tristan:) 2 · 0⤊ 0⤋
You really need to do your own homework, sounds like your in law school. If you do not study and learn for yourself, you will make a terrible attorney.
2007-10-06 18:35:28 · answer #7 · answered by lilly4 6 · 0⤊ 0⤋
I think the cops were acting in good faith and I dont think X will win.
2007-10-06 18:29:53 · answer #8 · answered by midnitrondavu 5 · 0⤊ 0⤋