Illegal entry by police?

[Tweak]

What is the name of your state? Florida.

While I was at work, my roommate was home with some friends. (He is on the lease, so he does live there) The police came to my door with the security officer from my apartment complex and knocked on the door. A friend answered the door with my roommates permission. He opened it a crack and an officer stated they were the police, and asked if they could come in. The friend said "No, you don't have permission to" and attempted to shut the door. An officer stuck his foot in the door can pushed it open. He saw marijuana in plain view after entering (It would be impossible to see if from outside the door). After questioning he said he entered because he smelled marijuana. However, in his police report, he stated he smelled marijuana after speaking with my roommate. Not the the friend, the roommate, by that time he knew who lived there and who didnt.

Was his entry legal? He had no warrant, he didnt state probable cause before coming in, and the probable cause he stated contradicts his police report. Also he was told he did not have permission to come in, from a person who was authorized to open the door (for all the cop knew at that time, he could have been a resident).

Also, upon talking to the security officer the next day, he said that when he left our apartment with the police, they told him that he was the one who let them in, and he replied that he didn't. Was my and my roommates privacy rights violated?

 

[Son of Slam]

.... A friend answered the door with my roommates permission. He opened it a crack ....

That's enough right there. They are guilty of stupidity, and deserve to be taken out of the gene pool.

 

[sdstrooper]

Why was the cop knocking on your door? If he got a complaint or something about your apartment, it was in his rights because he has to investigate and make sure everything's OK (And closing the door on a cop never helps). Chances are that one of your neighbors called the police on your roomate for whatever reason there is. You should request a copy of the police report and figure out why the cop was there in the first place. If he had a legitimate reason, then your friend's screwed. If he didn't, you have an arguable case.