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elina2010

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

My stepson (21) and his girl friend (18) rented a room at a motel for 1 night.

In the middle of the night the cops busted in on them. No drugs were found. The cops admitted to that. They left without a word.

The young people are in chock. So am I.

Can cops just bust in on anybody cause they feel like it.
 


CdwJava

Senior Member
What is the name of your state (only U.S. law)? CA

My stepson (21) and his girl friend (18) rented a room at a motel for 1 night.

In the middle of the night the cops busted in on them. No drugs were found. The cops admitted to that. They left without a word.

The young people are in chock. So am I.

Can cops just bust in on anybody cause they feel like it.
I seriously doubt they just busted in for no reason at all.

Your adult son and his adult girlfriend can complain to the agency, they can inquire further, and they can even consult attorneys should they wish.

Without knowing why the officers made entry, there is no way to know whether they were acting on what they believed was probable cause or if they were indeed thuggish criminals willing to risk a federal prison just to randomly break into hotel rooms. (I suspect that the officers at least believed they had good cause to make entry ... whether it was based on bad info or not is anyone's guess.)

Interesting that you point out that no drugs were found. Are they involved in drugs in some way?

Some thoughts ... Do both your son and his girlfriend live in the same town/city/county as the hotel? Are either of them on probation or parole? Is she REALLY 18? Did they have friends coming and going? Might they have been smoking or using drugs earlier? Perhaps drinking heavily? ... Just some thoughts ...
 

elina2010

Member
I seriously doubt they just busted in for no reason at all.

Your adult son and his adult girlfriend can complain to the agency, they can inquire further, and they can even consult attorneys should they wish.

Without knowing why the officers made entry, there is no way to know whether they were acting on what they believed was probable cause or if they were indeed thuggish criminals willing to risk a federal prison just to randomly break into hotel rooms. (I suspect that the officers at least believed they had good cause to make entry ... whether it was based on bad info or not is anyone's guess.)

Interesting that you point out that no drugs were found. Are they involved in drugs in some way?

Some thoughts ... Do both your son and his girlfriend live in the same town/city/county as the hotel? Are either of them on probation or parole? Is she REALLY 18? Did they have friends coming and going? Might they have been smoking or using drugs earlier? Perhaps drinking heavily? ... Just some thoughts ...
She is really 18. She will be 19 in may. I have met her parents so I know for a fact she is 18.
Neither one is on parole or probation.

She lives in that town and county. He is in another town and county.

No friends over at all. They didnt drink. And no they dont do illegal drugs at all.
However both have prescription drugs from a doctor .And that was also verified by the cops.

And both have ID.
Police more or less told them their was no reason for their search.
 

CdwJava

Senior Member
Police more or less told them their was no reason for their search.
Then they either obtained consent to come inside and search, or, your stepson is not telling you the whole story, or these guys were morons that flunked out of the academy and never should have been hired. I'm going to vote for number one or number two, though I suppose number three is a slim possibility if the local police agency has a habit of hiring dimwits that get the agency sued and its officers arrested on a regular basis.

Something is missing here.
 

elina2010

Member
Then they either obtained consent to come inside and search, or, your stepson is not telling you the whole story, or these guys were morons that flunked out of the academy and never should have been hired. I'm going to vote for number one or number two, though I suppose number three is a slim possibility if the local police agency has a habit of hiring dimwits that get the agency sued and its officers arrested on a regular basis.

Something is missing here.
Stepson told me there was a knock on the door in the middle of the night.
He opened it. Three policemen stood outside and said they had to come in.

Being very sleppy and young, he just let them in.

They told him that they had be to the motel to pick up a drunk house guest. And as they were leaving they noticed a smell of drugs.

They didnt know were the smell came from. So they just knocked on doors.

The young people were all cleared.At this point at least the police could have applogized for knocking on the wrong door in the middle of the nite.

In stead there is now 2 young innocent people that are really upset.
I think it is wrong.
 

Zigner

Senior Member, Non-Attorney
Stepson told me there was a knock on the door in the middle of the night.
He opened it. Three policemen stood outside and said they had to come in.

Being very sleppy and young, he just let them in.

They told him that they had be to the motel to pick up a drunk house guest. And as they were leaving they noticed a smell of drugs.

They didnt know were the smell came from. So they just knocked on doors.

The young people were all cleared.At this point at least the police could have applogized for knocking on the wrong door in the middle of the nite.

In stead there is now 2 young innocent people that are really upset.
I think it is wrong.
Consent was given, nothing illegal occurred.
 
This...

In the middle of the night the cops busted in on them.
...is an entirely different animal from this:

Stepson told me there was a knock on the door in the middle of the night.

Being very sleppy [sic] and young, he just let them in.
They did not "bust in." They knocked and your stepson let them in. Nothing wrong with that.
 

CdwJava

Senior Member
Stepson told me there was a knock on the door in the middle of the night.
He opened it. Three policemen stood outside and said they had to come in.

Being very sleppy and young, he just let them in.

They told him that they had be to the motel to pick up a drunk house guest. And as they were leaving they noticed a smell of drugs.

They didnt know were the smell came from. So they just knocked on doors.

The young people were all cleared.At this point at least the police could have applogized for knocking on the wrong door in the middle of the nite.

In stead there is now 2 young innocent people that are really upset.
I think it is wrong.
Okay. Then it was not that NO reason was given, they were looking for the source of an odor of drugs and they knocked on a door to get consent. And clearly the cops had not "busted in" as you mentioned earlier.

No legal issues seem to exist here. Even if the officers did not apologize or thank him for his cooperation, no problems appear to exist.
 

elina2010

Member
Okay. Then it was not that NO reason was given, they were looking for the source of an odor of drugs and they knocked on a door to get consent. And clearly the cops had not "busted in" as you mentioned earlier.

No legal issues seem to exist here. Even if the officers did not apologize or thank him for his cooperation, no problems appear to exist.
Really. he opened the door and they just walked in. To me this is a bust in if they dont wait for an answer. What would have happen if they would have said no. For all they knew it could have been their parents or somebody they knew.
So they should just have slammed the door in the cops faces.


They frisked him . And went throw all her things.

To me this is busting in big times.
To knock at someones door and then just walk in.

What would have happend if they didnt open the door? They could gotten arrested for not opening the door for cops.

To me there is big problems.
Now there is 2 younger people that will never/ever open a door agian. Cops or no cops.
 
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CdwJava

Senior Member
Really. he opened the door and they just walked in.
Or so your sleepy son says. It could well be that they asked for permission to step in. In any event, dud he ever ask them to step out?

Still, no indication of any legal issue.

He is free to make a complaint to the employing agency if he feels their conduct was unprofessional.

To me this is a bust in if they dont wait for an answer. What would have happen if they would have said no. For all they knew it could have been their parents or somebody they knew.
So they should just have slammed the door in the cops faces.
They could have asked them to step outside. Or, simply said they couldn't come in. I seriously doubt that they just shoved him out of the way and made entry. I suppose it's possible, just not likely. Thus, it is likely that your son stepped aside to tacitly imply consent as they moved to step inside.

They frisked him . And went throw all her things.
Unless they invoked their rights, the officers may make an argument that there was implied consent. Had they discovered any contraband, this would be an argument they could prevent to a court. Since there appears to be no court matter pending that might involve the suppression of evidence discovered during a search, about all that is left is a complaint to the agency if the couple feels this is appropriate.

To me this is busting in big times.
Okay. It's hardly "busting in" but you are certainly free to describe it as you see fit.

What would have happend if they didnt open the door? They could gotten arrested for not opening the door for cops.
No, they couldn't. If they did get arrested, it would have resulted in an outstanding lawsuit against the officers for a bad arrest.

Now there is 2 younger people that will never/ever open a door agian. Cops or no cops.
Certainly their choice. Hopefully it will not be in a situation where the officers DID have legitimate cause to force entry ... in such a case they COULD be arrested.

No one should ever just open a door in the middle of the night without making inquiry as to who was outside. Instead of the cops it could have been an axe murderer, drug dealer, psycho, or voracious Girl Scout. I NEVER open a hotel room door in the middle of the night without looking outside via the peep hole, the window, or at least calling out the door to see who it is. And when I do open the door, it is usually just a crack and rarely is there enough room to just give someone the ability to walk in unless I give way (step back) to allow entry. Hence the reason I think it quite likely that he stepped back and as such gave implied consent for them to enter.

If your son and his girlfriend feel the need to complain about the conduct of the officers they can contact the agency in question and the agency must provide them with the procedure as to how to make a complaint.
 

justalayman

Senior Member
Really. he opened the door and they just walked in. To me this is a bust in if they dont wait for an answer. What would have happen if they would have said no. For all they knew it could have been their parents or somebody they knew.
So they should just have slammed the door in the cops faces.
this sounds very different from this, which you posted a few posts back:

Stepson told me there was a knock on the door in the middle of the night.
He opened it. Three policemen stood outside and said they had to come in.

Being very sleppy and young, he just let them in.
 

anearthw

Member
If the police ask to come in, and your son lets them in willingly (as you stated), then it's legal. End of. It doesn't matter if he's sleepy, it doesn't matter that he's 21 (a legal adult of course), they asked and he let them in. Adding hyperbole to your story of what happened isn't going to make it illegal.
 

elina2010

Member
To make it clear. In the same time he open the door and the police wnated to come in . They walked in. He never had a chance to say anything since he was just woken up.

And no they didnt give their permission to be frisked or search through their things.


It all happen so fast with 2 young people with no experience how t be approched by cops.

I do think it is wrong.
Even if they are considred legal adults . They are just so young and should not get the wrong impression of the cops.
Now they have.

And just because it is a smell in the motel that is no reason to start knocking on doors in the middle of the nite.

Just want to also add the girl is very tine and the stepson is not that big either. The 3 cops were big. So they got vey itimitated by them.

What is this . a police state?
 
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