Legal Question in Constitutional Law in California

In california police were called to my house because a new neighbor behind me looky lou got shocked from elect fence and called police . the police had fire dept shut down power at meter box police call land line to come out and talk ill replied ill talk but wont come out talking through screen door and was asked if i had i.d. as i turned to retrieve wallet about 10 ft in the three cops opened my door me telling them no your not coming in there flash lights flashing inside one officer stating this is a on going investigation we can come in my house is this legal ? thanks

Asked on 12/06/22, 6:14 am

1 Answer from Attorneys

The police can make a no-warrant entry if they have probable cause to believe a crime is being committed inside a dwelling. It would require a whole lot more facts and details about the situation to determine if it was a legitimate warrantless entry. Even if it was illegal, however, your only remedy would be a section 1983 lawsuit for damages, but you don't report any damage, or suppression of any evidence they found if you were charged with a crime.

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Answered on 12/07/22, 9:55 am

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