My boyfriend and I have a no contact order. Police brought my son home and got the maintenance man to unlock my front door. My son and police entered my apartment and arrested my boyfriend for being at my home. Is this legal? Entering without my permission?
I think you need to provide some more facts. Here's why: as a rule the police need a warrant to enter a residence or there needs to exist some warrant exception permitting the entry. The police also need a warrant to make an arrest of someone inside a home. However, a person may be arrested in a home without a warrant if exigent or emergency circumstances permit a warrantless entry, or someone who owns or resides in the home permits the entry and a warrantless arrest is permitted under the law for the crime the person is arrested for. Obviously this assumes the person in the home had permission to be in the home prior to the arrest.
Based on the brief facts you give, it's not clear why the police were at your home in the first instance, and the relevance of your son and landlord's presence when the police entered your home. Did your son call the police to report an intruder in the house? Did your son reside in the house and have authority to consent to the entry? Was your boyfriend doing something in your house that raised the suspicions of your landlord causing the landlord to call the police? These are just some questions that may suggest the police acts were legal. I think if you provide some additional facts, it may be easier to determine the legality of the police search and arrest.
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It sounds like the police were conducting a community care-taking duty. In the performance of that duty, if they saw the boyfriend in the apartment and knew of the order, then that is a crime occurring in their presence for which they can make an arrest.
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