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If police say we want to talk and you say we can talk through the screen door, can they come in your house legally?

Angola, NY |

The police said "come out we want to talk to you (not you're under arrest)" he said "we can talk through the screen door" and they forced their way in, beat the crap out of him, handcuffed and put him in the police car. Resulted in 6 stitches to the eyebrow, MRI , x-rays bandaged lacerated shin and hand damage from cuffs that were so tight he begged them to loosen them to no avail. REALLY? Then he got a bill from the ambulance/hospital!

Attorney Answers 3

Posted

It sounds like "he" possibly has a much bigger issue to address than a potential illegal entry. "He" needs to contact a local civil rights attorney ASAP. And, please be aware that when it comes to suing a public entity, the statute of limitations is shortened and there is a requirement that an administrative claim be filed first.

Ms. Berjis is licensed to practice law in the State of California. The laws of your jurisdiction may differ and thus this answer is for informational and educational purposes only and is not to be considered as legal advice. Since all facts are not addressed in the question, this answer could change depending on other significant and important facts. This answer in no way constitutes an attorney-client relationship.

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Posted

The police cannot enter without a warrant or exigent circumstances. However, a violation of that rule does not cause the case to get dismissed. I suggest you speak with a criminal defense lawyer and a civil rights lawyer if you want to pursue the injuries. You need to serve something within 90 days of the incident and what gets served depends if it is local or State police.

I am a former federal and State prosecutor and have been doing criminal defense work for over 16 years. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012 and 2013. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. Martindale-Hubbell has given me its highest rating - AV Preeminent - in the areas of Criminal Law, Personal Injury, and Litigation. According to Martindale-Hubbell”AV Preeminent is a significant rating accomplishment - a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence." Fewer than 8% of attorneys achieve an AV Preeminent rating. I also have the highest ranking – “superb” – on Avvo. The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.

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Posted

Depends in circumstances. Police CAN enter without warrant or consent under certain circumstances. In other circumstances, such an act would be unlawful. The facts you provided leave out a lot of details--the police no doubt will have a different version of events---best thing to do now is see a criminal defense attorney--but if you have already been billed by the medical service transport provider, I suspect this matter is already working its way through the system.....

NOT LEGAL ADVICE. FOR EDUCATION AND INFORMATION ONLY. Mr. Rafter is licensed to practice in the Commonwealth of Virginia and the US Federal Courts in Virginia. His answers to any Avvo question are rooted in general legal principles--NOT your specific state laws. There is no implied or actual attorney-client relationship arising from this education exchange. You should speak with an attorney licensed in your state, to whom you have provided all the facts before you take steps that may impact your legal rights. Mr. Rafter is under no obligation to answer subsequent emails or phone calls related to this matter.

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