I currently live in an apartment in Denver CO. I have a 17 year old son who was on juvenile parole and resided with my sister at the time of this incident.
My son had violated his parole and had a meeting at his aunts house. I took him there was no one there so we went to my apartment and he called them, told them where he was they said they were here already but couldnt find him. they were at the wrong apartment so my son went out and they arrested him. handcuffed and in custody. I asked them if they needed me anymore and they said no. I entered my apt. and closed the door which, apparently did not latch, and went into my room. I heard a police radio and entered the frontroom and there was a cop there and I told him to get out. there was a scuffle, more cops, was beat up arrested.
No doubt, the police version of events will be different. FYI, police MAY enter under exigent circumstances without warrant. Get yourself a criminal defense attorney ASAP.
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. 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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There are not nearly enough details in your post to determine if the police violated the 4th Amendment when they entered the residence, much less to determine whether any such violation has an effect on the validity of your arrest. It would be necessary to know what information the police had and what reason they believed they had for making the entry. You need a criminal defense attorney and your attorney needs to get the District Attorney's discovery file in order to determine what is behind the entry and arrest.
You can reach Harkess & Salter LLC at (303) 531-5380 or info@Harkess-Salter.com. Stephen Harkess is an attorney licensed in the state and federal courts of Colorado. This answer is for general information only and does not create an attorney client relationship between Stephen Harkess or Harkess & Salter LLC and any person. You should schedule a consultation with an attorney to discuss the specifics of your legal issues.
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