Is it considered forced entry if a cop stops the door from being closed?

Cops came to the door and I told them they did not have permission to enter the apartment, then a friend who didn’t see who it was started to close the door, since the officer put his foot and hang inside the apartment so the door couldn’t be closed, the door broke because of the officer’s foot int he way. Can it be considered forced entry? My friend that tried closing the door got arrested for assaulting a police officer, resisting arrest (which he didn’t), and public intoxication (after the police asked him to leave his apartment to proceed with the questioning). Can the case be thrown out?

Asked on July 8, 2012 under Criminal Law, Texas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Forced entry is the act of entering a structure without permission by the owner and using force as an element during the entry.  It sounds like the officer may indeed have overstepped his bounds here.  Your friend needs to seek help from ana ttorney as soon as he can.  Good luck.


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