House entered by police officers because of plastic insulation on windows.

[FlyingRon]

With the presence of the fire department, I strongly suspect there as a chemical odor or some other apparent and articulable issue at the residence giving them (arguable) probable cause and an exigency to enter. /QUOTE]

Possibly, possibly not. While the fire department may articulate a need to enter the house to check to see if there was some public safety hazard there, that doesn't create an exigent situation for the police to start poking around. If the scene is verified as not likely to immediately go up in flames, there's plenty of opportunity to obtain a proper warrant.

Of course we're all guessing as to what REALLY is going on here, but it's hardly a slam dunk that this is a legal search.

 

[CdwJava]

Possibly, possibly not. While the fire department may articulate a need to enter the house to check to see if there was some public safety hazard there, that doesn't create an exigent situation for the police to start poking around. If the scene is verified as not likely to immediately go up in flames, there's plenty of opportunity to obtain a proper warrant.

Of course we're all guessing as to what REALLY is going on here, but it's hardly a slam dunk that this is a legal search.

Having been on these calls before, it is usually the POLICE who get the call of a strange odor and then ask the Fire Department to stage. It is usually a police call and they have the fire department there because of the chemical odor. Certainly it is all speculation at this point, but, having been on calls just like this one, I can say that it is exceedingly unlikely that the cops brought in the fire department just to bolster a trumped up reason to enter a residence because there were plastic sheets over the interior of the window. The OP is either leaving out some very important details, or, the cops didn't bother to explain everything to him. Or, he was so baked he can't recall what was happening.

 

[justalayman]

With the presence of the fire department, I strongly suspect there as a chemical odor or some other apparent and articulable issue at the residence giving them (arguable) probable cause and an exigency to enter. Since we do not know what that is, we are in no position to argue its validity or not. But, since we don't regularly stage the fire department on a suspicious circumstances call or even force entry without something more, I suspect that there was more to this.

As a note, a signifiant chemical odor and certain preparations (like said window coverings) CAN and has been sufficient PC to force entry for meth labs. Since they tend to go boom and pose significant threats to the community where they are found, we tend to act on those as quickly as possible.

Maybe the OP will return one day to let us know what the state says is the reason for the entry.

Gee I guess I better remove the black plastic on my windows to make it dark in my darkroom.

Of course the combination of blacked windows along with a discernable chemical odor of the sort known to be used in meth manufacturing might not be an issue though.

 

[dave33]

Iowa.
The police and fire department showed up at the house where we have put up black plastic over the windows for insulation, not just regular trash bags, plastic meant specifically for keeping a house warm. They did not ask to enter the premises but pushed in, where I was just in my boxers still and they would not let me cloth myself. They then found marijuana paraphernalia and searched the rest of the house, where they then charged me with paraphernalia and possession. In this situation, and if you need more detail please ask, how does me putting up something to keep my house warm during the winter give police officers the right to search my house, without offering a warrant or asking to enter the property. I am guessing to a point that it might have been something to do with a safety hazard if there were fire fighters on the scene as well. All in all this whole situation has left me confused. Any feedback would be greatly appreciated thank you.

It is highly unlikely the police used the plastic bags for the reason to search (or get the warrant, if one does exist). All you can do is wait to get your discovery package and find out the "legal" reason that was used.goodluck.

 

[CdwJava]

Gee I guess I better remove the black plastic on my windows to make it dark in my darkroom.

As long as you are not cooking meth or have a distinct chemical odor causing the neighbors to call, you won't have a problem.

Of course the combination of blacked windows along with a discernable chemical odor of the sort known to be used in meth manufacturing might not be an issue though.

Maybe not ... but, if the neighbors call and the cops responding recognize the odor, it might be.

 

[CdwJava]

It is highly unlikely the police used the plastic bags for the reason to search (or get the warrant, if one does exist). All you can do is wait to get your discovery package and find out the "legal" reason that was used.goodluck.

Yep! Highly doubtful.