Can a police officer barge in to my business to arrest an employee?

Question Details:

I own a medical office and the police were waiting in the lobby for about 2-3 minutes. They then, they proceeded to enter while patients were being treated to look for one of my employees who they suspected at lunch time, picked up a wallet a customer left at a business nearby. The doctor was quite upset at the fact that patient rights and the integrity of the practice, where being violated. The employee was not a threat. He willfully walked out and cooperated with them. However, I am quite upset because they got very loud with the doctor and scared patients being treated.

Asked 10/9/2009 under Personal Injury | 226 View(s) | More Legal Topics

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Personal Injury Law Answers

Martin Matlaga / Martin D. Matlaga, Esq., LLC Answered 2 years ago | Contributor

If you have a remedy, it is probably through a civil lawsuit. You could theoretically charge the police officers with Trespass, but they will respond by asserting that they were in pursuit of a suspect. A civil lawsuit for Trespass is probably your best approach, although the question of your damages will not be easy.

Charles Block / Charles J. Block Answered 2 years ago | Contributor with 0 answers This attorney is licensed in New Jersey

I do not know what the Police will say to justify their intusion, however it will be hard to convict them of any crime.  Clearly, the Police violated the doctor's civil rights by entering a part of his office not open to the public without a warrant or permission from the doctor.  Even if you do bring a civil suit and are successful, how are you going to prove you suffered any damages?

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