Question regarding Police entering my home

[debbisb]

What is the name of your state?What is the name of your state? California

My house was broken into while I was out (via a window) by a juvenille and a neighbor called 911 - the neighbor saw the juvenille leave the house but juvenille left my front door open but couldn't leave via the door because of a double-key security screen door and went back out though the window (approx. 16x16 inches).
The police arrived and took apart the lock on the security door to enter my house. While in my house they answered my phone (it was my fiancee calling to see if I was at home). They also searched the house - and it was messy so they said that they called code enforcement.
Can they dismantle a lock to enter someone's home without permission when they know the criminal is no longer in the home?
Thanks!

Debbi

 

[CdwJava]

Can they dismantle a lock to enter someone's home without permission when they know the criminal is no longer in the home?
Thanks!

Debbi

Yes they can. A neighbor called and saw a burglary in progress and called the police ... the police arrived and did the right thing - they entered to make sure the crooks were not still inside or that there was a victim who needed assistance. And HOW did they know the burglars were gone? The police wouldn't know. Even if the neighbor only saw one go inside and come out does not mean that there were not more.

On a side note, I once found someone's 30+ plant in-door hydroponic marijuana grow in much the same way. It happens.

- Carl

 

[debbisb]

More info

At what point do they stop trying to enter the home - if they do?
Could they break down the door if they had not been able to dismantle the lock for access?
Thanks!

Debbi

 

[CdwJava]

At what point do they stop trying to enter the home - if they do?
Could they break down the door if they had not been able to dismantle the lock for access?
Thanks!

Debbi

Yes, they could have. Whether they WOULD have done so is questionable.

An exception to a warrant requirement for entering a residence is an exigency ... and the potential danger to life and property is one of those exigencies.

- Carl

 

[debbisb]

Another question......

So, if they break the door in and ruin the frame, etc. I would imagine that they are not financially responsible for this action, correct?
The reason I ask is that I am planning on getting one of those deadbolts that can not be taken apart with a screw driver but have to litterally be destroyed(ie: peeled apart) to be removed.
Also, my German Shepherd is becoming an indoor doggie. Should I have some type of warning on the door because she is very territorial and I wouldn't want them to shoot her if they tried to access the house again.
I believe that I am being targeted by a local drug dealer because I am the president of a local neighborhood watch that is making his life difficult right now. My vice-president's house was broken into an hour before mine was - both during broad daylight and from the front of the house.
(Just for the record - I am a messy housekeeper but not doing anything illegal - I just want to protect my family and property)
Thanks again!

Debbi

 

[CdwJava]

So, if they break the door in and ruin the frame, etc. I would imagine that they are not financially responsible for this action, correct?

Yes.

The reason I ask is that I am planning on getting one of those deadbolts that can not be taken apart with a screw driver but have to litterally be destroyed(ie: peeled apart) to be removed.

Certainly your option.

But if the door didn't stop a burglar, it won't stop the police. I've gone in through windows before. And what are the odds that you'll be broken in to again.

Also, my German Shepherd is becoming an indoor doggie. Should I have some type of warning on the door because she is very territorial and I wouldn't want them to shoot her if they tried to access the house again.

Why would they want to come back inside? A sloppy house that leads to a code violation is not the bunker of John Dillinger. My guess is that the code enforcement people will be by to see that you have complied with the order to clean up the place or you will face additional civil penalties. i doubt they will go forcing the door in again.

And if they DID have to go in, yes, they could shoot or injure the doggie.

I believe that I am being targeted by a local drug dealer because I am the president of a local neighborhood watch that is making his life difficult right now.

He broke in to your house and made a mess inside so that code enforcement personnel would be called? I doubt that.

Did he encourage a break-in becauyse of your activity? Possible.

My vice-president's house was broken into an hour before mine was - both during broad daylight and from the front of the house.

It could be a conspiracy ... or, it could be that the crooks were hitting a series of unoccupied residences.


- Carl

 

[debbisb]

Thanks!

Thanks for the information -
and just a side note, I am not some nut that thinks this is a conspiracy.....the girl that broke into my house had accomplices that were on the street in front of my house and when my neighbor asked what they were doing (before knowing that one of them was in my house) said that they were looking for Sonia, which is the name of my vice-president (and the name on most of our literature that is passed door to door) - and it's not exactly a common name like mine. So, maybe a coincidence or maybe not.
And the lock and the dog are for the criminals if they come back, not the police.
Again, thanks for the info!

 

[stephenk]

If the police damage your door frame you can file a claim for the damage with the city.