Can a police officer, who is in apartment for unresponsive subject, open closed doors and search the room?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can a police officer, who is in apartment for unresponsive subject, open closed doors and search the room?
How long can police “impound your apartment” while seeking a search warrant?
Asked on November 14, 2015 under Criminal Law, Iowa
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
While there is no one-size fits all answer (the specific circumstances matter), in many cases, they could do this, if any of the following apply:
1) There is some reason to think there may be other people needing assistance there;
2) There is some reason to think there may be an attacker or criminal in the unit;
3) There is some reason to think there may be an unsecured weapon (e.g. the nonresponsive subject had injuries consistent with weapon use) which needs to be located and secured;
4) There is reason to think there may be evidence which will help the nonresponsive individual (e.g. if he/she appears to have overdosed, finding a sample of the drug[s] could help treat him or her).
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.