Can I Tell a Police Officer Tjat He Is Not Allowed on Private Property

Welcome to "Lawyer Says," our new column where JC Law attorneys field real questions asked by Marylanders from various websites around the internet.

This week, our criminal lawyers answer to a property owner wondering if the police can legally enter their belongings without a warrant.

The Question: Can the law legally enter my belongings without my permission or a warrant?

So, a little groundwork. My hubby and my mother passed abroad inside 12 days of each other last year, and it has been really tough for me - being a widow in my early on 30s. I was already dealing with some mental health issues (yes, I am getting help from a psych, therapist and meds). As a result, managing my low has been far more difficult and my business firm just sort of turned into a mess-mostly just trash similar empty boxes and bags and a lot of clutter- nothing unsanitary.

Yesterday, the law and animal control showed up at my door, stating that a complaint had been made and they needed to inspect the property. Considering of the mess, they ended up removing my cats (4 adults and 5 kittens). They noted that all the animals are extremely healthy, sociable and well-cared for. I'thou told I can get them back after cleaning the firm (which I take already started with the help of friends).

Here's the role where I need legal advice - I asked who filed the complaint and was told I could get a copy of the complaint via the FOIA human activity. This morning, I got an email from the town code enforcement officer. In his email, [he] stated, "Equally far as the 'Liberty of Information Act' this is how information technology was explained to me. In that location was no complaint. The Chief of Police noticed that you lot had mail piled up in the mailbox and proceeded to do a welfare bank check. Co-ordinate to him, he knocked on the front door and upon receiving no answer opened the door and chosen for y'all. Again upon receiving no answer he entered the belongings. Upon seeing the condition of the front room of the property he left the interior and proceeded to do an inspection around the outside."

This officeholder entered my property without permission or a warrant considering my mailbox was full. As a result of what he saw upon entering my property illegally, he called beast control and had my animals removed. Do I have any legal recourse here?

The Answer: Aye, the police can enter backdrop without permission – under very specific circumstances.

First of all, we extend our condolences to the individual who originally posted this question. We hope they have establish peace and happiness since they asked their legal question to the Internet at large.

Back to the matter at manus, this Marylander has it (mostly) right: The police generally demand either a warrant or the holding possessor's permission to enter and conduct an investigation. This right is even enshrined in the Constitution as part of the Bill of Rights in Amendment Iv:

The right of the people to be secure in their persons, houses, papers, and effects, confronting unreasonable searches and seizures, shall not exist violated, and no warrants shall issue, but upon probable crusade, supported by oath or affidavit, and peculiarly describing the identify to be searched, and the persons or things to exist seized.

So, this police officer broke the constabulary, right? Well, not so much.

See, there'due south that pesky "unreasonable searches and seizures" clause that offers one huge asterisk on the whole legal concept of no entry without permission. Many lawsuits have been filed in land and federal courts over the last 200 years, basically asking, "Wait, then is this unreasonable? Isthisunreasonable? What aboutthis!?"

In legalese, this "special exceptions" idea is known equally "exigent circumstances."

In 1982, Maryland'south Courtroom of Appeals established "considerations material to assessing the existence of exigent circumstances" to justify warrantless entry into someone's firm as function of their ruling.

Basically? Maryland has listed specific situations during which police officers don't have to follow the "don't enter when you lot're non invited" rule. These exceptions include:

• A "grave offense" happened or is happening;
• The "suspect is reasonably believed to be armed;"
• In that location'south "more than minimum probable cause based on reasonably trustworthy information to believe" that whoever they're pursuing actually did something incorrect;
• There'due south "potent reason to believe" that the suspect is home in the house that's being entered without a warrant;
• There's a "likelihood" that the person they're chasing will go abroad if they're non "swiftly apprehended;" and
• The officer'due south "reasonableness of [...] attitude and conduct is demonstrated through circumstances demonstrating a peaceable entry."

That concluding bullet is probably the exception nether which the police officer in question entered the holding. According to the town code enforcement officer, the police officeholder:

• Noticed that the mailbox was total, and wanted to make sure whoever was home was alright as part of a welfare check.
• They knocked and didn't hear a response.
• They and so entered the front of the business firm and immediately exited after seeing the condition of the first room, and so did an inspection of the surrounding property.
• They returned later with an fauna control officer out of concern for the animals seen on the property.

The law officer seemingly performed a decent corporeality of due diligence prior to entering the home, didn't interruption down the front door with a battering ram, and otherwise "demonstrat[ed] a peaceable entry."

So no, information technology'south unlikely that this officeholder would make it trouble, legally or otherwise, for inbound the house without a warrant or the possessor's permission -- particularly when other officials deemed the situation bad enough to remove nine cats from the property until information technology was cleaned upward.

In the meantime, nosotros hope their house has since been tidied up and their animals take come dwelling house for proficient!

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Y'all can submit your own question to #LegalSays below, or just skip the wait and go straight to scheduling your ain (free) first consultation with a JC Law attorney at your convenience.

Our automatic disclaimer: We're lawyers, just not necessarily your lawyer, and do not represent the individual who asked this question. We're providing this information for general educational purposes based on the publicly available information provided by the anonymous Internet user. Whatever number of details may change how this individual's attorney may pursue this legal situation, differently from how we suppose above. If you have a similar question, so yous should consult with a lawyer about your specific situation to go a "existent" response!

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Source: https://www.jamescrawfordlaw.com/blog/criminal-lawyer-says-police-property-without-permission-warrant

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