What to do if I arrived home to find a police officer knocking on my door and when I asked what the problem was he said noises were reported from my residence?

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What to do if I arrived home to find a police officer knocking on my door and when I asked what the problem was he said noises were reported from my residence?

I explained that my wife was the only one home and entered to see that she was alright. The officer used his foot to prevent me from closing the door behind me and thus he could see and hear whatever was going on within my residence. Was the officer within the law by barring me from closing my door? And, as such, can anything witnessed because of this be admissible?

Asked on October 16, 2012 under Criminal Law, Michigan

Answers:

Gary Wilson / Wilson & Cain, P.A.

Answered 8 years ago | Contributor

The cop will try to justify his presence under the "community caretaker" exception to the warrant requirement.  whether or not his observations and anything he finds will be admissible is a very fact-intensive issue.  Call me anytime.


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