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i live in kansas, when can the police enter your house?
i had to leave to help a family member with car trouble in the middle of the night, i left my 13 yr old son home and he went back to bed. in my haste i left my dog outside. she barks a lot and my neighbors called the cops ( this was sat. night around 3am) anyway the police knocked and when no one answered they came in and let my dog in then woke my son. they told him there were calls about the barking dog and asked where i was, he told them what had happened and they asked if he was drunk and threatend to take him in!! they said since i was on my way back, they would let it go. i cannot believe they entered my home because my dog was barking outside!! i am considering making a complaint. any comment or suggestions?
just to clarify, my son was asleep. they came inside and woke him up!! he was sleepy and they asked if he was drunk. i apologized to my neighbors about the dog, she lives in the house and is not left out normally. i would have expected a note on the door. i am waiting for tomorrow, i expect i'll get a ticket for a noise infraction. they are just so lucky they didn't take my kid!!!
my door was locked, my son is 13 for gods sake. in his own locked up house!!!
update-- the cops knocked on my door at 6;30 this morning. evidently when the cop woke my son after entering, my dog bit her causing bruising and 3 puncture marks. now i have to provide all my vet stuff and they might take my dog. the dog didn't bite outside though only when she entered and touched my kid......
8 Answers
- Anonymous1 decade agoFavorite Answer
Police may enter with your permission or the permission of someone there; or with a valid warrant, or if there is an emergency circumstance.
I don't believe a barking dog is an emergency. What the officers should have done, when no one answered the door, was take your dog to the pound.
I suspect what the officers will say is they made the entry because they were concerned that the door was unlocked and the dog was barking. So they entered to make sure everyone was alright. They may or may not get away with that one if you complain. It is the kind of infraction that gets the officer a butt chewing or maybe a letter in his record.
Ahhhh, your dog bit the police officer. That does put a different slant on things. You will need to complain, if for nothing else, to protect your dog. If your dog gets labeled as a "vicious dog", the poor animal could be put down. The dog's attack is reasonable, under the circumstances you cite. A stranger in the house grabbing your kid; the dog sees that as an attack and it is very natural for the dog to bite. If you are cited because of the barking dog complaint or the dog bite, I would fight both in court. Since the officer made an unauthorized, and perhaps, illegal, entry, the dog's reaction is actually justified.
- Anonymous1 decade ago
Police officers in some circumstances think citizens won't know the laws. NO they should not (cannot legally) enter your house the way they did. You can only enter a house through consent of the owner/children of a reasonable age, exigent circumstances (life is believed to be in danger or evidence may be being destroyed), or through a search warrant. They obviously thought he was lying, and were totally out of hand in what they did. You should file a complaint, not just to be spiteful, but to let the law enforcement there know they cannot just break the law, no matter how small a matter it is, and i'm sorry your family had to go through that, it's very annoying, I know because it's happened to me!
Source(s): Sherry Rutherford (Attorney) I'm in an associates law enforcement degree program The constitution (fourth amendment) - ?Lv 44 years ago
before everything, write down all the wear and tear and report it to the owner for restore. If no longer, they might blame you once you progression out. Secondly, you signed a settlement, you're sure by the settlement inspite of any previous events in that house. of direction, you may pass and proceed to pay the hire till the settlement expires, merely make specific to grant word.
- JoshLv 51 decade ago
They can ONLY enter your house if they have suspicion of illegal activities. A dog barking is not promoting suspicion of illegal activities going on INSIDE the house, and even if there were drunk people inside your house (excluding your son), it's not illegal to be drunk in your own house.
I'd say file a complaint, they had absolutely NO right to enter your house that YOU pay for, NOT THEM.
This is ridiculous. If a police man ever entered my house I have to say, I'd take a baseball bat to his head and claim I was just protecting myself.
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- Not To SeriousLv 61 decade ago
File a complaint against the cop that came into your house and also let the news paper in the town that you live know about the Gestapo tactic that cop used.
- 1 decade ago
was your door open ,did you lock the door? you re lucky they could have took your kid and the dog ,let it go you was blessed ,and next time when you have the need to go out keep the dog in the house ,lock the door , or take your kid with you , me myself I would have took my kid with me that way I know he would be safe any one could have walk in your home with your kid in side anything could have happen to your kid that night , Know your blessing......
- Anonymous1 decade ago
they only enter when reason of suspision or warrent and they should of gone in they probably thought someone was in side cause dog was barking and there was no awnser sorry if u dont agree just my opinion