Is it a violation of my constiutional rights if an officer enters my house without permission from me?
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Is it a violation of my constiutional rights if an officer enters my house without permission from me?
I am 17 and was hosting a party we were called in for a noise complaint. There was alcohol; the cops knocked once and we told them to go away that they were not wanted. They then entered my residence without my permission, did not take any of the alcohol, did not give any of the persons 21 or older contributing tickets and or the minors consumption possession or curfew tickets. they did however proceed to give me the only tickets, not even related to the noise complaint. I’m out on bond and this is a violation of my bond and I need to get these tickets thrown out or I will go to prison for 3-4 years.
Asked on July 1, 2012 under Criminal Law, Wyoming
Answers:
Kevin Bessant / Law Office of Kevin Bessant & Associates
Answered 11 years ago | Contributor
Typically the police need a warrant to search your home, but when the police are responding to a criminal matter, they have a right to enter your home for investigative purposes to determine if probable cause exists that a crime has been committed and to make any arrests. Your refusal to let the officers in can also be considered resisting and obstructing a police officer. If the tickets are criminal in nature, then these can play a part in violating your bond because you are to have no contact with the criminal justice system when out on bond. My advice is to consult a criminal defense attorney in your area to seek a positive resolution to this issue and avoid having your bond revoked.
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