Georgia police have the right to enter your home whenever they want?

[rlyfl]

What is the name of your state (only U.S. law)? Georgia

First I'd like to say that i'm 61, have never been arrested, and haven't had a traffic ticket in 40 years

I recently purchased a house in georgia (atlanta metro area). The house needs a new driveway. Before putting the driveway in, I needed to remove a large dead oak tree that's next to the driveway. I contracted with a tree service to remove it. They cut a few few limbs and neatly piled them on the side of the road (not blocking the road at all) and had to leave to get the chipper from another job. In about 20 minutes the neighbor came over to complain, I told her that they would soon return , to chip the branches, she said she was going to call the city, I said go ahead.( I wasn't nasty or no profanity was used) She called the police instead. At that point I was in the basement talking to a friend when there was a knock on the door, my friend, thinking it was the neighbor, went to answer the door, and saw the police running around the side of the house, where the officer asked for my ID. When I asked what she was doing on my property, she just laughed, and would say nothing . I told the officer my ID was upstairs, she then followed me upstairs, and as I closed the door, the cop was trying to force her way into the house! I was immediately terrified and through sheer instinctive impulses to protect life and property I succeeded in closing and latching the door and slid to the floor with my heart pounding and my left leg asleep from the waist down (due to spinal deformities for which I've been under a doctor's care for four years). When sensation returned to my leg and I was able to stand (sometimes minutes, sometimes hours pass before standing is possible), I got my license from the cabinet but was not sure what to do. (After I had collapsed against the door, I pulled myself out of the way because I thought she might try to kick in the door.) For what seemed like an eternity, I was standing in the kitchen trying to figure out what to do. I went to the window next to the door that I had locked to see if she was standing there. When I saw she was not there, I
opened the door and walked down the stairs to the back yard. She was talking to my friend and I handed her my license. She then walked me around to the front of the house and handcuffed me in front of the neighbor. I finally knew why she had come to my house.

I still dont know what I did wrong except that I did not let the police in my house. I contacted 4 lawyers and only one has returned my call, He acted like the whole thing was my fault.

Please any help ?? I feel like my rights have been violated. I'd like to fix up my house, but looks like I wont be able to with this neigbor

 

[TheGeekess]

O.C.G.A. § 17-4-3

GEORGIA CODE
Copyright 2009 by The State of Georgia
All rights reserved.

*** Current through the 2009 Regular Session ***

TITLE 17. CRIMINAL PROCEDURE
CHAPTER 4. ARREST OF PERSONS
ARTICLE 1. GENERAL PROVISIONS

O.C.G.A. § 17-4-3 (2009)

§ 17-4-3. Right of forcible entry into private dwellings pursuant to execution of arrest warrant

In order to arrest under a warrant charging a crime, the officer may break open the door of any house where the offender is concealed.

HISTORY: Orig. Code 1863, § 4610; Code 1868, § 4632; Code 1873, § 4729; Code 1882, § 4729; Penal Code 1895, § 894; Penal Code 1910, § 915; Code 1933, § 27-205.

Redirecting

O.C.G.A. § 17-4-20

GEORGIA CODE
Copyright 2009 by The State of Georgia
All rights reserved.

*** Current through the 2009 Regular Session ***

TITLE 17. CRIMINAL PROCEDURE
CHAPTER 4. ARREST OF PERSONS
ARTICLE 2. ARREST BY LAW ENFORCEMENT OFFICERS GENERALLY

O.C.G.A. § 17-4-20 (2009)

§ 17-4-20. Authorization of arrests with and without warrants generally; use of deadly force; adoption or promulgation of conflicting regulations, policies, ordinances, and resolutions; authority of nuclear power facility security officer

(a) An arrest for a crime may be made by a law enforcement officer either under a warrant or without a warrant if the offense is committed in such officer's presence or within such officer's immediate knowledge; if the offender is endeavoring to escape; if the officer has probable cause to believe that an act of family violence, as defined in Code Section 19-13-1, has been committed; if the officer has probable cause to believe that an offense involving physical abuse has been committed against a vulnerable adult, who shall be for the purposes of this subsection a person 18 years old or older who is unable to protect himself or herself from physical or mental abuse because of a physical or mental impairment; or for other cause if there is likely to be failure of justice for want of a judicial officer to issue a warrant.

(b) Sheriffs and peace officers who are appointed or employed in conformity with Chapter 8 of Title 35 may use deadly force to apprehend a suspected felon only when the officer reasonably believes that the suspect possesses a deadly weapon or any object, device, or instrument which, when used offensively against a person, is likely to or actually does result in serious bodily injury; when the officer reasonably believes that the suspect poses an immediate threat of physical violence to the officer or others; or when there is probable cause to believe that the suspect has committed a crime involving the infliction or threatened infliction of serious physical harm. Nothing in this Code section shall be construed so as to restrict such sheriffs or peace officers from the use of such reasonable nondeadly force as may be necessary to apprehend and arrest a suspected felon or misdemeanant.

Redirecting

 

[justalayman]

geekess, what does that have to do with anything? Unless there was a warrant, or their was a crime as specified in the statute you posted, the officer had no justification to attempt to enter the house.

 

[TheGeekess]

geekess, what does that have to do with anything? Unless there was a warrant, or their was a crime as specified in the statute you posted, the officer had no justification to attempt to enter the house.

(a) An arrest for a crime may be made by a law enforcement officer either under a warrant or without a warrant if the offense is committed in such officer's presence or within such officer's immediate knowledge; if the offender is endeavoring to escape; if the officer has probable cause to believe that an act of family violence, as defined in Code Section 19-13-1, has been committed; if the officer has probable cause to believe that an offense involving physical abuse has been committed against a vulnerable adult, who shall be for the purposes of this subsection a person 18 years old or older who is unable to protect himself or herself from physical or mental abuse because of a physical or mental impairment; or for other cause if there is likely to be failure of justice for want of a judicial officer to issue a warrant.

We don't know what the neighbor told the dispatch was happening, what the officer put in the report, or anything else. So my interpretation of state code says that the police were within the law (also as reflected by what OP said:

rlyfl: I contacted 4 lawyers and only one has returned my call, He acted like the whole thing was my fault.

 

[justalayman]

and you put any weight in lawyers?

I am taking the OP at their word. There was no crime that would have allowed the cop to enter, let alone arrest.

there could be more to the story but then we get into the JFK assassination and all.

I would rather keep it simple and start with what was given.

How about we start with some questions to flesh out the story?


rylfl

what were you arrested for?