police entered without a warrant? what to do??

[CdwJava]

Carl, I understand what you are saying about arrest warrrants perhaps allowing for a search. That, however, does not seem to be the case from what I read of Connecticut law. An arrest first would allow potentially for a search without a search warrant, but a search to make an arrest does not seem to be allowed if it violates Section 7 of Connecticut's Constitution. Even in cases of traffic incidents - unless the person in the car has been arrested FIRST, perhaps from what is seen out in plain view in the car, the search of the car is not allowed, even if the car contains contraband that results in an arrest LATER. Unless in an emergency situation where waiting for a search warrant is not possible.

Again, this does not seem to be the case in this poster's situation. This search seemed to cross the line - given the information provided here. In my humble opinion.

In many states an arrest WARRANT confers the lawful right to make entry and SEARCH for the subject of that warrant. In effect, it becomes a search warrant. In CA - which also holds a hard line against warrantless searches - this is permitted in the subject's residence ... in other states, this is permitted anywhere the subject is reasonably believed to be at the moment of the search.

I was unable to find anything on-line which clarified whether or not CT warrants confer either. However, it has been my experience that CA's position that an arrest warrant permits a search only in the suspect's home is among the minority and that many allow a reasonable belief search. But CT might be an exception to both.

- Carl

 

[Zigner]

In many states an arrest WARRANT confers the lawful right to make entry and SEARCH for the subject of that warrant. In effect, it becomes a search warrant. In CA - which also holds a hard line against warrantless searches - this is permitted in the subject's residence ... in other states, this is permitted anywhere the subject is reasonably believed to be at the moment of the search.

I was unable to find anything on-line which clarified whether or not CT warrants confer either. However, it has been my experience that CA's position that an arrest warrant permits a search only in the suspect's home is among the minority and that many allow a reasonable belief search. But CT might be an exception to both.

- Carl

This debate can be ended quickly. The OP stated "An officer knocked on my door and asked to speak with my younger sister who lives with me and my family."

This WAS the little sister's residence.

 

[CdwJava]

This debate can be ended quickly. The OP stated "An officer knocked on my door and asked to speak with my younger sister who lives with me and my family."

This WAS the little sister's residence.

Then, unless CT is an anomaly among the states, the Arrest Warrant was likely sufficient to permit a search fro the suspect ... unless CT has a high bar for "cause" to conduct the search - which I doubt. Where this might be more of an issue might be if they uncovered other contraband in the residence ... since they came in to search for the named party and the named party was there and arrested, then there really is not a whole lot to argue.

- Carl

 

[quincy]

Isn't anyone here a Connecticut lawyer??

I read over some more cases. From my reading, I am gathering that if the arrest warrant is for a felony, a search of the premises may be allowed with just the arrest warrant. With any misdemeanor, a search warrant would need to be obtained. "Breach of peace", I believe, is a Class B misdemeanor in Connecticut.

But I could be wrong. I am definitely having problems accepting that this search was legal, however, based on what she posted.

 

[CdwJava]

Isn't anyone here a Connecticut lawyer??

I read over some more cases. From my reading, I am gathering that if the arrest warrant is for a felony, a search of the premises may be allowed with just the arrest warrant. With any misdemeanor, a search warrant would need to be obtained. "Breach of peace", I believe, is a Class B misdemeanor in Connecticut.

But I could be wrong. I am definitely having problems accepting that this search was legal, however, based on what she posted.

An arrest warrant tends to give a lot of leeway - more so in most states than in CA, and in CA if we can enter the subject's residence to search for them based upon the warrant, I cannot imagine that other states are AT LEAST that permissive, since we seem to be far more restrictive than most.

In many states an arrest warrant grants permission to enter even third party residence if there is good cause to believe the subject on the warrant is present ... not so in CA, but that is the case in many other states.

However, it's moot, since nothing was seized int he course of the arrest to be suppressed by an unlawful entry. They certainly would not release her if the entry was invalid because she still has to answer for the crime. So, the only remedy to be found here might be via a personnel complaint no matter the situation.

- Carl

 

[quincy]

Okay. I accept that. I am tired of reading Connecticut case law anyway.

 

[CdwJava]

Okay. I accept that. I am tired of reading Connecticut case law anyway.

I grow weary wading through most ANY case law!

- Carl

 

[desternies]

Firstly let me thank you all for taking the time to help me.

I am going in tomorrow to file a personnel complaint. I am also going to speak with the chief and the first selectmen to see that something like this does not occur again in my home.

Quincy, thank you for trudging through case law and giving me your opinion. I got so lost in the .gov website my head was spinning! I was able to reference what you stated and find what statutes support my argument. And i do believe it will be quite a battle, again, thank you.

CdwJava, I can understand your position as an officer. I have 2 uncles on the force currently in CA where i originate from. I'm glad that you helped to reinforce that the way he handled the situation could have been better. Im not sure as to weather or not CT is the same as CA but i will soon find out.


I will try to update as I get more info.

~Destiny~

 

[mike_lee]

Firstly let me thank you all for taking the time to help me.

I am going in tomorrow to file a personnel complaint. I am also going to speak with the chief and the first selectmen to see that something like this does not occur again in my home.

Quincy, thank you for trudging through case law and giving me your opinion. I got so lost in the .gov website my head was spinning! I was able to reference what you stated and find what statutes support my argument. And i do believe it will be quite a battle, again, thank you.

CdwJava, I can understand your position as an officer. I have 2 uncles on the force currently in CA where i originate from. I'm glad that you helped to reinforce that the way he handled the situation could have been better. Im not sure as to weather or not CT is the same as CA but i will soon find out.


I will try to update as I get more info.

~Destiny~

I don't know cops have been known to retaliate and use another cop to do the dirty work. Might be better to just let it go, you were sorta at fault. And you did gain insight into the police.

 

[desternies]

I don't know cops have been known to retaliate and use another cop to do the dirty work. Might be better to just let it go, you were sorta at fault. And you did gain insight into the police.

Mike**************..I have always been taught not to let people walk all over me. I dont see how it could be my fault in anyway. I really dont. I know that people are people and sometimes seek revenge, cop or not. Thats not going to deter me from letting someone know that they have crossed a line. If it were anyone else would you hesitate to act and let someone know how they messed up??? Im sure most wouldnt. Besides, I dont do anything illegal so i dont have anything to fear

 

[luvtiels]

Has anyone noticed that the officer DID NOT say that he had a warrant for the sister's arrest? I would hope,if in fact he did have one, he would have said so, instead of being blatantly rude and verbally abusive. Usually when a warrant is being served, the officers state as such. "We have a warrant t search the house", or "we have a warrant for ________ arrest". At no time did this man say he had such an instrument.

 

[CdwJava]

Has anyone noticed that the officer DID NOT say that he had a warrant for the sister's arrest? I would hope,if in fact he did have one, he would have said so, instead of being blatantly rude and verbally abusive. Usually when a warrant is being served, the officers state as such. "We have a warrant t search the house", or "we have a warrant for ________ arrest". At no time did this man say he had such an instrument.

He never stated the officer did NOT relate this info, either.

But, whether related or not, the fact was that an arrest warrant DID appear to exist, and she was arrested on the warrant. And, in most states (perhaps ALL), this arrest warrant would be sufficient to justify a search of the suspect's residence for the suspect.

- Carl

 

[luvtiels]

He never stated the officer did NOT relate this info, either.

But, whether related or not, the fact was that an arrest warrant DID appear to exist, and she was arrested on the warrant. And, in most states (perhaps ALL), this arrest warrant would be sufficient to justify a search of the suspect's residence for the suspect.

- Carl

Then the officer should have said as much, and the nastiness could've been avoided. JMHO

Linda