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The City entered my home while I was away

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Antigone*

Senior Member
If I am lying on the floor in the bedroom after a heart attack, or after an intruder breaks in and knocks me on the noggin and my door is ajar, I sure WANT any passing officer, city worker, neighbor to check on my welfare!

One does not condemn a house because a door is ajar. If a condemnation order is issued it is due to unsafe conditions and failure to maintain the property in a safe, habitable condition. Not due to any door being open or not.
:eek::eek::eek:I've fallen and I can't get up:eek::eek::eek:
 


To be fair, I just want to know if them entering a home without permission on the sole reason of, "the door was open" is trespassing. The details shouldn't matter.
A person must be told to leave or never to enter the property prior to trespassing being in play.

An illegal search is more your angle? In this instance, I would think not but I am not a judge, I could see it going both ways depending on the facts.

Now go and file a notice of trespass with your town & state telling them to stay off your property , if you wish.
 

asiny

Senior Member
Seeing as everything you posted does not specify WHO entered your home.. it really becomes too varied of a question.

Instead of giving the, hypothetical, What if it was a Cop? What if it was the Health Department? Why not just state who entered your property.

You want an answer based on fact... then give us the facts.

If a cop entered your property - then exigent circumstances existed because your door was open.

I guess the big question would be, what caused you to get in such an uproar? Did they cause damage? Steal? Wear your underwear and make some long distance phone calls?
 

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