• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

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

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Status
Not open for further replies.

Bicyclist

Junior Member
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.
 


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.
I'm thinking that putting black plastic over all the windows of the house is a red flag for cooking meth. This would give the officers probable cause to enter into a house to investigate further, without the need for a search warrant.
 

Silverplum

Senior Member
Bicyclist, I strongly suggest you wait for one of the attorneys or experienced senior members to answer you.

Some responders do not have good reputations here for giving solid advice. :cool:
 

quincy

Senior Member
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.
Bicyclist, is this a house you own or is it a rental home?

Another question: You say the police did not "offer" a warrant. Is it possible they had a warrant to search the house?

I would ignore the poster who said that black plastic would be a red flag that would allow for a search without a warrant.
 

tranquility

Senior Member
There is simply no way to tell if the entry was correct with these facts. Was there a warrant? If not, the police would need probable cause AND exigent circumstances to enter.

I don't see the probable cause simply based on a plastic covering on the windows. (Especially if designed for insulation and that just went up when the cold has come.) Drapes are not illegal also. Nor would there be probable cause with a sealing of windows with special covering saying "Stay away, meth lab inside." taped on all the windows. Perhaps, with more, we can find it. But, not just on the window covering. But, let's pretend the police did have probable cause when the black covering was combined with other things the police felt, in their training and experience, led them to believe a meth lab was inside. Not as a mere hunch, but facts leading to probable cause.

Then, they would also need exigent circumstances. The fact the fire department was there as well makes me think the police can articulate some facts that make conditions exigent. But, a suspicion there is a meth lab and that meth labs blow up and the community is endangered when they blow up so we must enter in case there is a meth lab, is not going to be exigent circumstances. Too many assumptions, too much attenuation to make it all legal like. But, what if they had more?

See, that's the real issue; more. Why did they enter? What was their reasoning? For pot and paraphernalia? Shut up and talk with an attorney. There is certainly going to be an issue about entry. That alone may make the DA deal.
 

TigerD

Senior Member
I'm thinking that putting black plastic over all the windows of the house is a red flag for cooking meth. This would give the officers probable cause to enter into a house to investigate further, without the need for a search warrant.
Go away-- you don't have a clue.

DC
 
Go away-- you don't have a clue.

DC
You go away, mr. know-it-all attorney!!

Having been from Iowa, I've witnessed the urgency law enforcement displays as a result of meth labs popping up everywhere in that state.

There is sometimes a fine line between probable cause and unwarranted searches and unfortunately, that didn't work in the OP's favor. The fact that a firetruck also responded strongly supports my belief of suspicion of a meth lab! What else could it possibly have been? Obviously, there might have been other tell-tale signs that made the circumstances exigent (a word used by Tranquility).

In this situation, I don't believe it will be very easy to challenge probable cause without a good expensive Attorney.
 

justalayman

Senior Member
You go away, mr. know-it-all attorney!!

Having been from Iowa, I've witnessed the urgency law enforcement displays as a result of meth labs popping up everywhere in that state.

There is sometimes a fine line between probable cause and unwarranted searches and unfortunately, that didn't work in the OP's favor. The fact that a firetruck also responded strongly supports my belief of suspicion of a meth lab! What else could it possibly have been? Obviously, there might have been other tell-tale signs that made the circumstances exigent (a word used by Tranquility).

In this situation, I don't believe it will be very easy to challenge probable cause without a good expensive Attorney.
actually you don't have a clue. Black plastic on a window is not probable cause for anything.
 

quincy

Senior Member
You go away, mr. know-it-all attorney!! ...
Nellibelle, as a new poster, you are hardly in a position to tell any of the attorneys on this legal advice forum to go away. This site actually encourages the participation of lawyers because (surprise! surprise!) lawyers are pretty good at answering legal questions.

Please find somewhere else to play. You and your posts are becoming tiresome.
 
Last edited by a moderator:

FlyingRon

Senior Member
Was there a warrant. Absent a warrant you need two things

1. Probable cause (which is arguable and has been argued).
2. Exigent circumstance.

The latter I can't even see applying. Just because you notice something that looks suspicious doesn't preclude you from keeping an eye on the place and obtaining a warrant in this case. If it had been a meth lab, it wasn't likely to disappear in the time it took to properly obtain a warrant.

However, we don't know what argument actually was made for PC, whether a warrant was obtained, and what exigent circumstance might have been alleged.
You need a lawyer.
 

CdwJava

Senior Member
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.
 
Status
Not open for further replies.

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top