police enter home, unlawfully?

[thebrig]

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

Hello, I was recently a victim of domestic violence late fri nite. My husband was arrested and taken to jail where he will stay (no bail) until he sees a judge sometime mon.
My kids and i went to a friends house sat evening at approx. 5;30pm and returned around 10pm. When i returned a found an envelope in my living room, placed on a chair. It had my name on it and inside was was a, "victim and witness guide to the Criminal Justice Sysytem."
Did the officer have the right to come into my home to drop off a pamflet? She could have place it on a bench outside my front door which is under a roof....or mailbox, or come back later. It bothers me that she entered my house. What if i had been upstairs asleep...... I would like to know if this was unlwaful entry? Was she in her rights to enter home? It may not seem like a big deal but i was creeped out when i got home.....please help!

 

[justalayman]

first, are you positive it was not left when the police were there originally?

if you are, then the police could only enter your home due to a search warrant which may have been issued to gather some evidence not considered the first time they were there.

Contact the police and ask them if they entered and if so, did they have a warrant to enter the premises. No warrant plus entry after everybody had left equals illegal entry.

 

[cyjeff]

The house could, I suppose, also be argued to be a crime scene.

 

[BOR]

The house could, I suppose, also be argued to be a crime scene.

After the initial departure, reentry is not permitted to simply drop off a brochure, not unless it was very contemporaneous after it.

 

[thebrig]

thats ridiculous!

The police left house friday night w my husband.....my kids and I never left Sat. until that evening. So my kids and I were home all day Sat. sitting in a potential crime scene? I don't think so.... if so, why wait so long to return to the crime scene.....would'nt i have know that i was sitting all day sat in a "crime scene?" no argument there....

 

[BOR]

The police left house friday night w my husband.....my kids and I never left Sat. until that evening. So my kids and I were home all day Sat. sitting in a potential crime scene? I don't think so.... if so, why wait so long to return to the crime scene.....would'nt i have know that i was sitting all day sat in a "crime scene?" no argument there....

Maybe they left it on the first visit and you just did not notice it until later?

 

[justalayman]

Maybe they left it on the first visit and you just did not notice it until later?

I like how you think BOR

justalayman : first, are you positive it was not left when the police were there originally?

I missed you when you first arrived. There are some great minds here. You will fit in well here.


sorry about the hijack;

and now, back to your regularly scheduled crime.

 

[thebrig]

give me a break! No way! This chair sits in the middle of my living room. We sat in it all day sat watching tv!! It was not sitting there..... Assuming unlawful entry, how does one proceed....what are the repercutions? Does one sue for unlawful entry? Thanks!!

 

[BOR]

I like how you think BOR

I missed you when you first arrived. There are some great minds here. You will fit in well here.

I resemble that remark!

 

[BOR]

give me a break! No way! This chair sits in the middle of my living room. We sat in it all day sat watching tv!! It was not sitting there..... Assuming unlawful entry, how does one proceed....what are the repercutions? Does one sue for unlawful entry? Thanks!!

You need to prove HOW it got there before any 4th AM claim is proffered.

 

[CdwJava]

Okay. They left the envelope with victim information to help you.

If they entered without cause after you were gone, and you take exception to them leaving victim information for you, then call the agency and make a complaint. No, they should not have entered without cause. Assuming they had no good cause to enter, bad for them. So, what do you want to happen now?

This is not the winner of the lawsuit lottery, so that's out. But, you can certainly complain to the agency.

My follow on question is: Why didn't you lock the door when you left?

- Carl

 

[thebrig]

Obviously, the officer walked in my house when I was gone sat nite and put the large manilla envelope, w the pamphlet inside, on my living room chair!!

 

[CdwJava]

give me a break! No way! This chair sits in the middle of my living room. We sat in it all day sat watching tv!! It was not sitting there..... Assuming unlawful entry, how does one proceed....what are the repercutions? Does one sue for unlawful entry? Thanks!!

You proceed with a complaint to the agency. if you have the money, you can hire an attorney to make a claim against the agency and potentially file a lawsuit. Without damages, and assuming that all they did was knock, not get an answer, find the door unsecured and leave an envelope, I doubt a jury will award damages. If it were to be a federal case, your attorney would get paid, but a jury would be very unlikely to award you anything.

So,if you are looking at a payday, this ain't it. if you are looking to complain about the entry, then you need to report it to the agency so they can make it clear to their officers that they should leave the info on your doorstep rather than IN your house.


- Carl

 

[thebrig]

i live in the rocky mountains and never lock my door! Whether i locked the door or not, OR if i ever do lock the door or not, is irrelevant...

 

[BOR]

You proceed with a complaint to the agency. if you have the money, you can hire an attorney to make a claim against the agency and potentially file a lawsuit. Without damages, and assuming that all they did was knock, not get an answer, find the door unsecured and leave an envelope, I doubt a jury will award damages. If it were to be a federal case, your attorney would get paid, but a jury would be very unlikely to award you anything.
- Carl

In that's the case any officer can just walk in any house to leave crime victim info at any time. The damages are on it's face.