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iskanderia

Junior Member
What is the name of your state? Louisiana

Can the police enter a commercial property, specifically a bar, to search it without the consent of an owner or employee when the business is closed to the public? We had some cops force their way into our bar recently when the bar was closed and cite us for fire code violations because we had the doors locked even though we weren't conducting business and there were no customers inside.
 


justalayman

Senior Member
iskanderia said:
What is the name of your state? Louisiana

Can the police enter a commercial property, specifically a bar, to search it without the consent of an owner or employee when the business is closed to the public? We had some cops force their way into our bar recently when the bar was closed and cite us for fire code violations because we had the doors locked even though we weren't conducting business and there were no customers inside.
Is there anything else you would like to or should tell. The Gestapo pretty much went down after WW II. Were they looking for something else maybe?

Forcing their way in for a fire code violation after hours sounds unlikely. Where was the fire marshall. In my area it is his responsibility to do this. I don't think the police could even write a fire code violation here.
 

CdwJava

Senior Member
Depending on what was being looked for, it is not uncommon for the police to accompany code inspectors or fire inspectors when they enter a property. In this case I also find it odd that the police would see a need to force entry in to a closed business after hours. I think there are one of two things going on: (1) There was some sort of exigency present (smoke, allegation of bad wiring, locked doors during business hours and a belief that business was occuring, or some other allegation of criminal or dangerous behavior. Or, (2) the officers pushed the envelope and tried to bootstrap an excuse to force their way in to somehwre they did not belong.

And another question ... you say the bar was closed to the public ... does this mean it was truly closed? Was there anyone inside besides the paid staff? Even if it was a private party, the police should have the right to enter as the business license and liquor permits generally GIVE them that right. There really is very little that is "private" in a public, commercial establishment.

- Carl
 

iskanderia

Junior Member
I think the cops were just trying to push the envelope. This particular group of them has been harrassing our bar for the past month and a half. When they came in, they didn't have any inspectors with them, tried to get a fire marshal to come to the bar but couldn't - probably because they were forced to admit that the bar was empty except for myself and one other bartender when they came in. They still cited us for two fire code violations. Also for having a recently expired mayoralty permit. This permit is for "entertainment/cover charge," and they shouldn't have issued the citation unless they'd caught us providing entertainment or charging a cover. In fact, that night we'd had no entertainment, no cover charge. All of the citations are going to be thrown out. I was just wondering about the legality of the way they entered the bar.

And to the first guy who answered - the Gestapo is alive and well in New Orleans.
 

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