Can the police enter my home and remove someone when I am asleep and did not give permission them to enter?

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Can the police enter my home and remove someone when I am asleep and did not give permission them to enter?

My son’ s 13 year old girlfriend came to our home around midnight and was cold and scared. She got in a fight with her grandmother (who is her guardian) and came to our home looking for my son. We let her in and after awhile she fell asleep. The grandmother knew where she was and called the police the next day to come pick her up. The police came while I was asleep and the girl was taking a shower and walked right in and and was screaming at this little girl telling her to hurry and such. I just need to know if they have this right to enter my home without consent or a warrant?

Asked on September 14, 2011 under Criminal Law, West Virginia

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

From the facts that you have written, the police officer may or may have not been justified in entering your home without a search warrant. The only justification would have been if he officer believed that an actual crime had aoccurred and he needed to immediately enter into your home.

From what you have written, the facts do not seem to suggest that this was the situation. Rather, the facts show that a neighbor allowed a scared and upset teenager to spend the night at his or her home. In answer to your question, the law enforcement officer first needed permission to enter your home to get the minor who had spent the night.


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