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Arrests, Searches, Warrants & Procedure : Includes Right to Counsel, Fifth Amendment Rights, Right to Trial by Jury, etc.
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Old 05-12-2005, 07:48 AM
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Join Date: May 2005
Posts: 1

NYPD cops break in my Apt.


I live in a single bedroom apartment in New York City (Manhattan).
At about 3:30 AM this morning I woke up with a start. There were two large policeman standing in my bedroom, shining their flashlights in my face. They announce that they are cops. They ask me who am I and if they can see my ID. I'm in such a daze that it takes me a few minutes to find my wallet, meanwhile one cop is following me around my apt. Then a third cop comes in my apt and he is in plain clothes with an ID slung around his neck.
I ask them whats going on. They tell me that the nail salon downstairs got broken into last night and they were investigating. I had forgotten to lock my front door last night, so they walked right in.
Are they allowed to do that ? I never got an apology from them regarding this.
I'm not sure what the NYC law says about this.
Can someone please advice.
thanks,
Amit

Last edited by tomchi007; 05-12-2005 at 12:19 PM.
  #2  
Old 05-12-2005, 08:05 AM
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Join Date: Jul 2004
Posts: 17,799
As you said, you didn't lock the door, someone broke into a business in the same building, if the cops could enter your apartment, so could the thief? They don't need a warrent when they are have probable cause. Contact the local precinct if you have further questions.

If they found contraband not/related to the B&E below, I suggest you contact a criminal defense attorney.
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