Forcable Entry?

[ajfarms1]

What is the name of your state (only U.S. law)? Texas I have a question. If I am driving on a public road and a policeman attempts to stop me, and I exit public property onto private property and then lock myself in the vehicle, can the officer force me from the vehicle? Is my vehicle my personal property and not be forcibly entered unless there is suspicion of a felony?

 

[Ohiogal]

What is the name of your state (only U.S. law)? Texas I have a question. If I am driving on a public road and a policeman attempts to stop me, and I exit public property onto private property and then lock myself in the vehicle, can the officer force me from the vehicle? Is my vehicle my personal property and not be forcibly entered unless there is suspicion of a felony?

How many charges do you want to have to deal with? I can think of several:
1) fleeing
2) refusal to obey lawful orders
3) whatever it was that they were originally attempting to stop you for


And yes, the police can forcibly remove you from your vehicle for being a moron. You have now become a safety threat.

 

[Ladyback1]

What is the name of your state (only U.S. law)? Texas I have a question. If I am driving on a public road and a policeman attempts to stop me, and I exit public property onto private property and then lock myself in the vehicle, can the officer force me from the vehicle? Is my vehicle my personal property and not be forcibly entered unless there is suspicion of a felony?

Why would you not stop when the police officer tried to stop you??
Why would you evade and elude police?

Yeah, your vehicle is your property, but you provided all the probable cause they needed to drag your silly butt out of the car!

 

[ajfarms1]

OK MORONS! There was no fleeing or attempt to allude. The closest and safest place to stop was private property. When officer approached said he stopped me for a tail light out. I believe that is a simple misdemeanor.

 

[CavemanLawyer]

The short answer is yes the officer could make forced entry but there doesn't have to be suspicion that a felony has been committed.

Many people confuse public versus private property and public versus private places. A vehicle is always a thing and never a place. So if the vehicle is located in a public place then you are in a public place. In your scenario you correctly point out that you move into a private place when you pull your vehicle into your driveway. But the investigation started when the officer observed something (whatever he will say gave him reasonable suspicion of a crime) and that occurred in a public place. If you continue driving, whether it amounts to the crime of evading arrest/search/seizure or not, the officer is still in what is referred to as "hot pursuit" up til the point that you pull into your driveway. Even though you are now in a private place he can still pursue you to complete the investigation. Even if you had run into your house he could chase you in there under the theory of hot pursuit.

So now the officer is lawfully on your private party and presumably in the course of a an investigative detention where he at least has reasonable suspicion of a crime. He can now lawfully order you to exit the vehicle the same as if you were on a public roadway. If you refused then you are at a minimum committing a class C offense of failure to obey a lawful command (or other more serious crimes could be implicated) which gives the officer probable cause to arrest you, if he didn't already have probable cause to search the vehicle anyway based on other factors. Your failure to exit the vehicle could certainly be perceived as a suspicious act and it would also create exigent circumstances that could also justify entering the vehicle. Usually when people noticeably don't get out of the car right away its because they are trying to hide or destroy something or prepare for an altercation.

Think about it. The argument is that you can't come onto my private party to do your investigation because I have a privacy interest in this home. Well the only reason you are on your private property is because YOU went there instead of letting officer do the investigation. So what does your privacy interest in your home have to do with it?

Attempting to make it home during an attempted traffic stop could easily amount to felony evading in a vehicle. I've seen it happen many times because people wanted to get home cause they knew they were going to be arrested and didn't want their car to be impounded. Sitting there refusing to get out of the vehicle when the officer commands it could easily get you shot or killed. If I'm an officer and someone's body is largely obscured in the car and they won't get out.... I'm wondering if they are concealing a gun.

 

[Ohiogal]

OK MORONS! There was no fleeing or attempt to allude. The closest and safest place to stop was private property. When officer approached said he stopped me for a tail light out. I believe that is a simple misdemeanor.

You are the moron -- and yes it could be considered fleeing or attempting to ELUDE. ELUDE. Not allude. Now try to not be a jerk. When you decided you were going to lock yourself in your car and not stop, you were being a moron. People get shot doing that. You were lucky you are here to see me calling you a jerk.

 

[Ladyback1]

You are the moron -- and yes it could be considered fleeing or attempting to ELUDE. ELUDE. Not allude. Now try to not be a jerk.

(in his defense...I actually spelled it wrong the first time!)

 

[Ohiogal]

(in his defense...I actually spelled it wrong the first time!)

I edited. Yeah but he was being really jerky. He is a moron when he locks himself in a car. People get KILLED doing that. Mr. OP wants to be the next apparently. Death by cop is a thing that he apparently wants to experience but whatever. Darwin at work.

 

[Ladyback1]

I edited. Yeah but he was being really jerky. He is a moron when he locks himself in a car. People get KILLED doing that. Mr. OP wants to be the next apparently. Death by cop is a thing that he apparently wants to experience but whatever. Darwin at work.

oh, I agree....

 

[ajfarms1]

So locking myself in a car is an open admission to all crimes? Is this where race, age, type of car I am driving all become stereotyping factors? Would it help to know I am a middle aged father driving a nice truck with clear windows? NO plain sight of crime or evidence of a crime was visible.

 

[CdwJava]

What is the name of your state (only U.S. law)? Texas I have a question. If I am driving on a public road and a policeman attempts to stop me, and I exit public property onto private property and then lock myself in the vehicle, can the officer force me from the vehicle? Is my vehicle my personal property and not be forcibly entered unless there is suspicion of a felony?

If the officer observed a crime (even a traffic violation) he has a right to make contact and even order you from the vehicle. Private property is not "home base" in a game of tag.

If you refuse to provide the information he requires (license, registration, and insurance), then you can be arrested. They CAN force entry into the car to affect that arrest.

 

[Ohiogal]

So locking myself in a car is an open admission to all crimes? Is this where race, age, type of car I am driving all become stereotyping factors? Would it help to know I am a middle aged father driving a nice truck with clear windows? NO plain sight of crime or evidence of a crime was visible.

YOU DIDN"T STOP IMMEDIATELY. You locked yourself in a car. Who cares -- lots of criminals drive nice cars that have clear windows. Lots of people with CCWs are middleaged. Lots of things. You are not special. They can drag you from the vehicle if they so choose. Especially if you don't stop immediately. Then you lock the doors? To have them following you wanting you to pull over you broke the law. SO GUESS WHAT? Quit being clueless.

 

[CdwJava]

It is also important to note that the police CAN order you from the car without telling you why. And, in most instances, you MUST comply or risk arrest!

The officer gets to control the contact, not the suspect.

If someone pulls off the road onto private property or a residence AFTER I activated my lights, then locks the doors - my weapon will come out and I WILL be calling for a few friends. The hink factor would immediately go to Factor 10! I would then call to the driver to exit the vehicle with his license, registration and insurance in hand - and nothing else. If he refused, I would stand at a position of cover with my weapon aimed in his direction and watching the residence (if any) and the area around me for a possible ambush.

Once cover arrived, I would make contact, once again demand compliance and that he step from the vehicle. If the refusals continued, he would be informed that continued refusal will result in his arrest. If compliance is still refused, we'd make a plan to distract and force entry to the vehicle to affect the arrest. Then, we'd impound the car ... if he was in his own driveway, we might leave it unless he wanted us to tow it since it would be minus at least one window and therefore at risk of being ripped off.

This would be a classic way of turning a simple traffic offense into a HUGE problem for the suspect. Why some people might choose to create a mountain from that molehill, I cannot comprehend.

 

[Ohiogal]

It is also important to note that the police CAN order you from the car without telling you why. And, in most instances, you MUST comply or risk arrest!

The officer gets to control the contact, not the suspect.

If someone pulls off the road onto private property or a residence AFTER I activated my lights, then locks the doors - my weapon will come out and I WILL be calling for a few friends. The hink factor would immediately go to Factor 10! I would then call to the driver to exit the vehicle with his license, registration and insurance in hand - and nothing else. If he refused, I would stand at a position of cover with my weapon aimed in his direction and watching the residence (if any) and the area around me for a possible ambush.

Once cover arrived, I would make contact, once again demand compliance and that he step from the vehicle. If the refusals continued, he would be informed that continued refusal will result in his arrest. If compliance is still refused, we'd make a plan to distract and force entry to the vehicle to affect the arrest. Then, we'd impound the car ... if he was in his own driveway, we might leave it unless he wanted us to tow it since it would be minus at least one window and therefore at risk of being ripped off.

This would be a classic way of turning a simple traffic offense into a HUGE problem for the suspect. Why some people might choose to create a mountain from that molehill, I cannot comprehend.

He wants to because quite frankly: I am a middle aged father driving a nice truck with clear windows

Yay. Like middle aged people can't drive a nice truck and be drug dealers. Yes, Walter White, I mean you. OP smacks of elitism. He is better than everyone else.

 

[Ladyback1]

So locking myself in a car is an open admission to all crimes? Is this where race, age, type of car I am driving all become stereotyping factors? Would it help to know I am a middle aged father driving a nice truck with clear windows? NO plain sight of crime or evidence of a crime was visible.

uhhhh....you just don't get it!

You had a tail light out, the officer attempted to stop you to alert you (and/or ticket you). You saw the pretty blue and reds, but kept on driving. When you DID stop you locked the doors and apparently refused to comply with officer's directions.

You are fortunate if you weren't dragged out of the car by your hair, placed on the ground and put into restraints--with every officer's service weapon pointed directly at your pinhead!

9 out of 10 officers don't give a rip if you are purple with pink polka dots---as long as you comply with directions!

You created this mess, when you refused to comply. Deal with it!