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  1. #1
    jrhutto is offline Junior Member
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    What justifies a welfare check?

    What is the name of your state? Georgia
    My brother has felony warrants for his arrest. He had stopped by my house this morning but I wouldn’t let him stay because I knew the police were looking for him so he went across the street to call someone to come and get him. About five hours later the police showed up looking for him. When I was walking to the front of the house (where the officer was knocking) I saw an officer at the back door so I went ahead and opened that door. I heard him say into his radio that "I got a lady at the back door". He then asked me to answer the front door but wouldn’t remove his foot so that I could shut the door. As i was arguing with him about closing the door I heard another officer walking around in my house. I told him he did not have permission to be in my house. He said that since my door was unlocked he could come in and do a welfare check then stood there and argued with me about his right to be in my house. They finally called around the deputy that I knew and he got them to back off and I let him look around. ONLY AT THIS POINT did anyone even tell me why they were there (of cause I already knew but you would think that they might tell you when they're forcing their way into your house).
    I don’t have anything to hide and if they had been respectful to begin with i would have given them a hard time.
    I guess my question is did they break any laws? If they did who can I report it to?
    And what justifies a welfare check?
  2. #2
    JETX is offline Senior Member
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    Quote Originally Posted by jrhutto View Post
    I guess my question is did they break any laws?
    Depending on the FULL story, possibly.

    If they did who can I report it to?
    File a complaint with the law enforcement agency.

    And what justifies a welfare check?
    Any reasonable concern for the welfare of an occupant in the property.
  3. #3
    Blue Meanie is offline Senior Member
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    Quote Originally Posted by jrhutto View Post
    What is the name of your state? Georgia
    My brother has felony warrants for his arrest. He had stopped by my house this morning but I wouldn’t let him stay because I knew the police were looking for him so he went across the street to call someone to come and get him. About five hours later the police showed up looking for him. When I was walking to the front of the house (where the officer was knocking) I saw an officer at the back door so I went ahead and opened that door. I heard him say into his radio that "I got a lady at the back door". He then asked me to answer the front door but wouldn’t remove his foot so that I could shut the door. As i was arguing with him about closing the door I heard another officer walking around in my house. I told him he did not have permission to be in my house. He said that since my door was unlocked he could come in and do a welfare check then stood there and argued with me about his right to be in my house. They finally called around the deputy that I knew and he got them to back off and I let him look around. ONLY AT THIS POINT did anyone even tell me why they were there (of cause I already knew but you would think that they might tell you when they're forcing their way into your house).
    I don’t have anything to hide and if they had been respectful to begin with i would have given them a hard time.
    I guess my question is did they break any laws? If they did who can I report it to?
    And what justifies a welfare check?
    What kind of felony warrants? Murder? Rape? A violent assault? Answering this question may give insight to the officers state of mind.
  4. #4
    CdwJava is offline Senior Member
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    It is also possible that if someone saw your brother showing up there, they had good cause to search the house. I was once told by a GA Sheriff's Sergeant that an arrest warrant in that state gave the lawful authority to enter if there was good cause to believe that the suspect on the warrant was within. Since the police were there, I suspect SOMEONE saw him coem to your home.

    Is it possible that your address is listed as HIS address?

    - Carl
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM
  5. #5
    jrhutto is offline Junior Member
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    Wink

    the warrant was from allegedly stealing a truck. they told the newspaper he was the leader of a major burglary ring but he was never charged with any of those crimes.they also reported to the newspaper that they caught him at my house when they picked him up across town at someone else's house. and i would have understood if they said they had just cause to search my house because they had seen him but they didn't even mention his name until after they had been through my house. they just said they could do a welfare check anytime the door was unlocked.
  6. #6
    seniorjudge is offline Senior Member
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    If a felon is reported to be in your house, then the cops can come check on you.
    There are two rules for success:

    (1) Never tell everything you know.
  7. #7
    jrhutto is offline Junior Member
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    i was already speaking with an officer at the back door of my home and the officer at the front had been notified over the radio. then they came in the front and started searching my house and called it a welfare check.
    I'm not trying to sue and get money out of this or get his charges dropped or anything i just feel violated. I've worked hard to be a good person. i work, i go to college, i take care of my little girl, i don't break the law and I've distanced myself from my family so that i wont be associated with people who do. but because someone charged with a felony knocked on my door and i turned him away i am treated like a criminal who doesn't even deserve the right to be told why their house is being searched or to be treated with any respect.
  8. #8
    seniorjudge is offline Senior Member
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    Quote Originally Posted by jrhutto View Post
    i was already speaking with an officer at the back door of my home and the officer at the front had been notified over the radio. then they came in the front and started searching my house and called it a welfare check.
    I'm not trying to sue and get money out of this or get his charges dropped or anything i just feel violated. I've worked hard to be a good person. i work, i go to college, i take care of my little girl, i don't break the law and I've distanced myself from my family so that i wont be associated with people who do. but because someone charged with a felony knocked on my door and i turned him away i am treated like a criminal who doesn't even deserve the right to be told why their house is being searched or to be treated with any respect.
    Nothing in your posts indicate you were being treated like a criminal.

    For all the cops knew, you could've been being held hostage.
    There are two rules for success:

    (1) Never tell everything you know.
  9. #9
    jrhutto is offline Junior Member
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    Under the emergency aid, or medical emergency, doctrine, law enforcement officers may enter a dwelling without a warrant. The emergency aid doctrine strikes a balance between the rights protected by the Fourth Amendment and the interests of government to access a dwelling to safeguard the well-being of citizens. The doctrine permits police to make "warrantless entries and searches when they reasonably believe that a person within is in need of immediate aid ... [because] '[t]he need to protect or preserve life or avoid serious injury is justification for what would be otherwise illegal absent an exigency or emergency.' " Mincey, 437 U.S. at 392, 98 S.Ct. 2408 (quoting Wayne v. United States, 318 F.2d 205, 212 (D.C.Cir.1963)); see also State v. Frankel, 179 N.J. 586, 847 A.2d 561, 568 (2004)

    is this what you were refering to?

    Utah courts have adopted a three-prong test that renders a warrantless search lawful under the emergency aid doctrine when the following conditions are met: "(1) Police have an objectively reasonable basis to believe that an emergency exists and believe there is an immediate need for their assistance for the protection of life. (2) The search is not primarily motivated by intent to arrest and seize evidence. (3) There is some reasonable basis to associate the emergency with the area or place to be searched." Comer, 2002 UT App 219 at ¶ 5 n. 1, 51 P.3d 55 (quoting Salt Lake City v. Davidson, 2000 UT App 12, ¶ 12, 994 P.2d 1283).

    they would have been welcome to search if they had said " we have a warrant for so and so we need to search your house" but they didn't. they had an officer talking to me at the back door who had already radioed them and told them i was there with him then they entered the front and started searching and said it was a welfare check. my welfare had already been checked. if its legal for them to just bust in because they have an arrest warrant then fine, say thats what it is. don't call it welfare check after you already see I'm alright. that just makes it seem like they did something wrong and are making up excuses.
  10. #10
    jrhutto is offline Junior Member
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    sorry if thats not the law you were referring to but thats the closest i could find

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