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help wih police issues, not sure what to call it

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idontknowwht2do

Junior Member
What is the name of your state? tx


i had a very very weird thing happen to me this morning. after showering i came down to my living room to drink coffee smoke and email. i opened 2 windows and backdoor (no screen door) because i was smoking. i was siting on floor checking mail when i hear police freeze! wtf? there are 2 cops in my den with guns pointed at me and to top it off was naked. they asked me if i lived here and to give them id and keys to my front door. the then said because my backdoor was open they thought my place was being robbed. i had some pants on the floor so i did get to put those on to go upstairs to get my wallet. i showed them the id and keys and then they ask about a 1/2 joint on the kitchen table. i said left over from a weekend party.they left it there and asked me if they could go out the front door. i was scared to say much afraid that i would go to jail for it. but this cant be right.

isn't there some kind of standard procedure if someone door is open not to run up in there but maybe try a officer at front and back door then knock on front to see if someone will answer first? i just want to know what i can / should do. i feel violated because i was nude and had guns pointed at me in my own house ! come on, shouldn't i be able to sit naked in my den and drink coffee and smoke cigs. and check e-mail without worrying about the cops running up on me with guns drawn just because i had a door open? again just because my door was open????? I'm dumbfounded.


please help!
 


cvdesign

Member
again just because my door was open????? I'm dumbfounded.
You know ... if you had been robbed and lay dying and the police just knocked on the door, got no answer, and went on their merry way, I'll bet you'd be pretty damned pissed, wouldn't you??

Sometimes, in order for victims' lives to be saved (by the timely arrival of the men in blue), compromises need to be made.

I don't know the legality of my stance, I just know it's right. And maybe one day, when a police officer's "nosiness" saves your life, your mama's life, or your baby's life by NOT just walking away, you'll know it's right, too. ;)
 

CdwJava

Senior Member
So ... what do you WANT to do? Have you been charged with something?

There could be any number of reasons why they were checking it out ... perhaps they got a call from a neighbor ... perhaps they saw it open and thought it suspicious - who knows?

If you want to sue them, good luck. You are free to pay for a consultation with an attorney who will assess the matter and tell you how much it will cost you to try to sue them.

You can also call the agency and ask for someone to explain to you why they came inside.

- Carl
 

CavemanLawyer

Senior Member
No offense to any cops reading this, but those guys sound like Keystone cops to me, even if they did mean well. I don't really see any exigent circumstances that should justify them going in. There was no evidence that anyone was in danger inside the house. If they believed a burglary was in progress all they had to do was man each exit and wait. If they believed that a burglary had already occurred, then definitely no reason to go in without at least trying to knock first. But I can overlook all of this. But what strikes me as dumb is that when they saw a completely naked woman (I presume you're a woman) they draw their guns...as if you had stripped before committing the burglary. I wonder where they thought you were hiding your weapon??? I know officers have to make split decisions and all, but I'd like to think if I were in that situation I would have assumed the naked woman drinking coffee at the computer was the homeowner.

All in all, something REALLY tells me that there is more to the officer's investigation that what you saw. But in my opinion, you absolutely have a right to know their full reasons for entering your house. You can and should contact the PD and inquire about it. If you feel inclined you can also file a complaint, but at least give them a chance to explain.

Hey, look at it this way. You probably made those officers' day.
 

tranquility

Senior Member
I somewhat agree with cavemanlawyer, but can envision exigent circumstances if a neighbor saw a person enter the premises in the morning when others are there. Even then, the OP deserves an explination as to what happened.
 

idontknowwht2do

Junior Member
Heres the deal there was no one that reported it, they just drove by and seen the door open and decided to come on in and check it out. i still stand by my comment that they should of had an officer at both doors and knocked or rang the doorbell FIRST. If noone answered then i would say they did a good thing by coming in and checking on stuff.

As far as what to do, i dont know if i should file against the police and try to have them suspended or some kind of punishment, or if i could file some type of suit against the police department. I opened my back door twice yesterday then went right back to shut it afraid that it would happen again. I should be scared of criminals, not the police.
 

CdwJava

Senior Member
I have to agree - a complaint is about all you can do. And, you have no say in whether they get suspended, get a stern talking to, or having nothing happen to them at all.

I can also envision circumstances that would justify the entry without a problem - I have done the same myself. Typically, you enter and call out into the residence, identifying yourself ...but, there are circumstances where calling out might not be the best way to go.

Caveman, I suspect they had their weapons out the entire time ... when they came upon the OP they already had them out. We don't do a search of a residence where bad guys might exist without guns drawn.

So, call and ask for an explanation. if you don't like the explanation, make a complaint against the officers. Maybe they are problem officers ... maybe there has been as series of burglaries in the area ... maybe something else had the police on edge. Who knows? But, you need to ask and find out if there is something they had in their mind at the time.

- Carl
 

Zigner

Senior Member, Non-Attorney
If the guy was sitting naked on the floor with his back door open...and the police were able to see that the back door was open, it stands to reason that the police could ALSO see the guy sitting on the floor. If the police could see the guy sitting naked on the floor, then anyone else driving by could ALSO see the guy sitting naked on the floor. Since when is allowable to be nude in public?
 

idontknowwht2do

Junior Member
Zigner i was not visible to my door. You have to walk around a 15 ft wall that is my dining area. Then on the other side of the wall is a den and a laundry room where i was sitting and were my cloths were at. Don't try to make me look like some kind of perv.


And making a complaint is probably not the best thing to do, if that's all I can do. Who knows what the out come will be, probably a slap on the wrist. This is a small town and I'm sure if I mess with them the will mess with me. That's what I'm afraid of**************.....
 

Mikef6301

Junior Member
I find the officer's reason for entering your house unbelievable and most likely they lied to you. Is there a reason that you could be under investigation? Perhaps they think you are selling drugs? There is likely a more legitimate reason for them to enter your home other than your door was open. If they were simply in pursuit of a suspect and they thought that suspect entered through your door they would tell you that. They just weren't willing to share the reason with you, and it's likely they knew they had entered your home illegally. Police officers believe they are above they law, and in reality they are. They are trained on what to say in order to “justify” a search without a warrant. It is illegal for the police to enter your home solely because the back door was open. By law if they think someone is in danger they can enter your house without a warrant, ie someone is inside screaming help, there was a 911 call from the house, there is smoke coming out of the house, etc. Then after entering your home they can legally have a look around for officer safety, IE look in you closets to make sure an armed assailant isn't hiding there. If you really are doing nothing wrong I would file a complaint but I promise you nothing will come of it. I'll give you an example, how many times were the Police called to Drew Peterson's house for domestic violence, and how many times was he arrested and charged with something? I would recommend getting a locking screen door and if you think you may be under investigation for something I would cease and desist and lawyer up
 

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