Legal Question in Criminal Law in California

police entering home

neighbors phoned police after fiance & i were arguing & had been drinking.He didn't hit me, but,he knocked over shelves & broke some.i was never worried he would harm me.my 13 year old son was here at the time.my fiance left before police came.police came thru opened door without beeing invited in.the police officer was rude to me.i asked him if he had a search warrant if not,leave.he got more rude & said if i didnt answer his questions & tell him who & where my fiance was & how he left he would arrest me & take me in.i told him do it. then he did.i didn't do anything but not answer his questions.normally i would have but he was very rude to me from the start.i am a law abiding citizen & was upset already when the officer came in & asked what i did to cause this.the cuffs made my hands & wrist bleed.i didn't resist or struggle with the officer.just before he placed me in the police car he asked me if i was assualted by my fiance.i said no.the police officer came in my house while i was in his car & searched my house & went thru my purse and questioned my son before calling someone to pick him up to stay the night at there house.is this legal? why was i arrested? do i have any rights?


Asked on 11/09/03, 5:59 pm

2 Answers from Attorneys
H.M. Torrey The Law Offices of H.M. Torrey

Re: police entering home

there is an exigency exception to a search without a warrant, if the police deem in good faith that there was an emergency crisis precedent to their entry into a home and/or if they reasonably felt your safety was at issue if they did not enter without the warrant. however, from the fact given, they may have overstepped some constitutional boundaries and in that event you would have a great deal of rights. if you would like a free phone consultation regarding your case, email us directly with your contact information today.

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Answered on 11/09/03, 6:08 pm
Patrick McNeal Law Offices of Patrick D. McNeal

Re: police entering home

Who knows? It appears that you were arrested based upon the circumstances, but what happened later? Did the police book you in under a charged crime, were you released as a detainee, your description of the incident does not give me enough information to formulate an answer,,,,,,,pdm

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Answered on 11/09/03, 6:08 pm


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