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What is the technical term when a Police Officer and a CPS worker open your door &Enter your house without a warrant or permissi

Pine Beach, NJ |

CPS and a Pine Beach Police officer entered my house after 10:00 pm on a saturday.
My wife was the only adult home and she opened the inside door but not the screen door.
From behind the screen door she told the Police Officer and the CPS worker 3 Times they could not come in that are children were laying down to go to sleep. My children were brought to my doorstep at approximatly 7:00 pm that night because they were outside on our property in our yard unattended for less than 5 min wile my wife used the restroom.

Due to unwelcome and un wanted gestures when the officer brought the children to my doorstep and also the 20 to 30 min period of time the officer stood on our property smiling and staring at my wife she felt even more threatened and called in a harrasment complaint. T

Attorney Answers 3

Posted

There is no technical term. If they did not have a warrant, or other justifiable reason such as imminent danger, they are not allowed to enter your home. YOur remedy depends if anyone was charged with a crime or not.
I believe you've posted a related question before. If so, you really need to hire a lawyer as the questions in this forum are not going to help you resolve your situation.

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Posted

I know I need a lawyer. I cant pay one until next week so I am trying to get as much done as I can before its too late.

Eric M. Mark

Eric M. Mark

Posted

good luck

Posted

They are not allowed to enter without a warrant unless an authorized person allows them in.

Please be advised my answers to questions does not constitute legal advise and you should not rely on it, due to the fact that we have never met, I have not been aprised of the facts in you case nor have I reviewed any documents.

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Posted

Thank You very very much. I would believe the authorized person would have to be an adult over 18 yrs who is within the premisis and would give permission to said officer or CPS worker to enter the house. After 3 refusals to entry by my wife and the alleged offenders opening the door and letting themselves in is a violation of our constitutanal rights.

Yolanda Navarrete

Yolanda Navarrete

Posted

You are correct, as far as the police are concerned. As far as CPS, I would have to research the rules. Are they filing charges based on anything they discovered based on the entry?

Posted

I believe this is the first part of a DWI question you posted last week. The police have a community caretaking exception to the warrant requirement they can assert. Otherwise they need a warrant. The radio transmissions would help greatly here.

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Posted

I sent a certified letter to the cheif requesting that none of the evidence is destroyed. I got it all covered to some extent so soon as a lawyer files discovery the records will have to be availabe. If records got destroyed in 3 days that will say someting in itself.

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