Did this police officer violate the law?

[purduejake]

I have an ongoing dispute with my landlord and called the police because they refused to give me my package from the postal service and then said they never had a package. The police came and wanted the slip of paper that was left in my mailbox telling me a package was left at the management office.

I told him I could drop it off at the station because I had to find it in my apartment. He insisted on waiting and I said it would be a few minutes. I asked him where he would be, and he said in the breezeway outside my apartment. I asked him if he wanted to wait in his car because it was COLD, and he said "it's not that cold, I'll wait in the breezeway." So he followed me to my door and I went in and closed the door behind me.

After about a minute, I heard the door open and close and the officer was walking into my apartment calling for me. I went out and asked him what he was doing in my apartment and said he needed a warrant to be inside. I asked him to leave and he insisted he would just stand in the entrance. I told him he must leave and we argued for a bit more before he accused me of being uncooperative because I wouldn't let him into my apartment.

I know I must sound like an ass, but his particular police department has already illegally searched my apartment once, even though that apartment was out of their jurisdiction and they had no warrant. That officer was forced to resign, so the cops love me.

The officer who entered my apartment has dealt with past problems with my management. He and the landlord accused me of harassment for complaining every day about not having an internet connection the management was supposed to provide. The manager forbid me from getting another internet service, so it was a big deal for me since I NEED the internet. Anyway, the cop called mommy and daddy about my "harassment" of the landlord, even though I am 23 years old! I don't trust the cop at all and have contacted the mayor (who I have working relationship with) and am filing a formal complaint.

My question is: Am I over-reacting? What should I do? Be honest, I can take the heat.


edit: Thanks for your support and constructive criticism. I will probably just let it go since I already stirred stuff up by notifying the mayor, who reacted immediately (she likes me). Just another shot across the bow.

[chrisbur]

1. You are not over-reacting!

He said he would wait in the breezeway. You closed the door behind you. He opened your door and entered your home illegally.

Maybe it's your age or the fact that it's a rental that's making you doubt yourself. If a cop let himself into my home I would FREAK!

[ultraist]

10. He entered illegally

THEY CANNOT ENTER WITHOUT PERMISSION UNLESS they have immediate probable cause or a warrant. Immediate probable cause is IF they see something that indicates illegal activity (drug dealing, prostitution or endangerment of a person, etc).

If you are having that many problems with your landlord, why don't you just move?

We had a tenant (college kid) who had a bong and pot plants in his front window and the cop entered his house when he opened the door. The tenant called us and asked if we had given permission to enter and we knew nothing about it. I checked with this kid's dad who is an attorney and he told us it was legal for the cop to enter. The kid was just stupid to have this stuff in plain view. It's also foolish to make enemies with the police. Better watch your back and NEVER speed or fail to use your signals.

[purduejake]

23. The only illegal things I do is...

speed (out of the precinct), harmless public intoxication (rarely), and have some porn on my computer that might be copyrighted. The police already hate me since one of my complaints, along with others ended up causing an officer to resign. I am VERY careful. Thanks!

[tubbacheez]

2. not sure what you can do, but it seems wise to document everything. n/t

[NV Whino]

3. Well....

up until the Patriot Act, a cop could not enter your apartment unless he was asked to come in or unless he had a warrant. Now, who knows?

You might have eased the situation if you had invited him in the first place. I assume you had a good reason for asking him to wait outside.

P.S. Sounds like you need to find a new place to live.

[mattclearing]

47. The Patriot Act allows entry on suspicion of illegal activity.

I imagine he would be hard pressed to come up with a reasonable suspicion.

[cosmicaug]

4. It would have been nice for you to invite him in...

It would have been nice for you to invite him in... but you didn't. As far as I would be concerned, he was trespassing. IANAL.

[Cuban_Liberal]

5. Speaking as a former officer, he did the wrong thing.

If you asked him to wait outside, he should have stayed outside.

[Warpy]

6. Entering your home without your permission is tresspass.

The officer was specifically NOT invited in, so yes, he broke the law. Since it sounds like you neglected to lock your door, you have little hope of getting anyone to take it seriously. There is no evidence of forced entry, and he just has to say he misunderstood.

However, the lesson from this should be that you always need your ducks in a row and all documentation available when the cops show up to help you out with something.

That piece of paper showing your landlord is illegally withholding mail is proof of a federal offense, by the way. The cops would have taken it very seriously had you had it available to hand to them when they showed up.

[seriousstan]

7. Reality----- you have burnt your bridges

who was in the right in which situation is no longer the point. You will not have anyone on your side from here on out. I would move out of the precinct and into a new location.

[purduejake]

15. I do have the mayor on my side.

I work with her on gay-rights issues and am trying to get discrimination against gays illegal. She is very cooperative and has stopped police harassment against me in the past (when they were lurking around my apartment shining lights inside at 2am). Unfortunately, I am stuck with a lease and cannot just move, but I do plan to move out of the city as soon as possible!

[LeftyMom]

33. Do you mind if I PM you?

I might be able to help with the lease issue. :)

[purduejake]

34. Please feel free to. Thanks :)

[Dorian Gray]

43. Why the heck

are they lurking around your apartment at 2 am, shining lights in?

I'm sorry to say, but your constant complaints to the police about your landlord may not help? But, if their harrassment is that bad, I would consider talking to a civil rights lawyer. The mayor may be on your side, but the behavior of the police seems a bit extreme.

[TalkingDog]

8. First the landlord

Check your lease, if it says Internet connection provided in the contract, get a lawyer and stop paying rent until he provides the service. Yes, that is legal to do. But...GET A LAWYER first.

The cop:

Even if you complain to his supervisor, he has a decent excuse. His time is valuable and he could always say he was trying to get your attention, but could not. Hence the trip inside.

I'd say what you are doing "wrong" is not following the chain of command.

Here's how I would handle it: I ask him to step outside and he doesn't. I simply write down his badge number and name; making sure he knows what I am doing. I then ask for his direct superior's name. Then I ask for his superior's bosses name. Then I would say: "Officer X. Please step outside. I will get you the paper in just a moment. If you need to leave, please do so and I will bring it to the station. If you do not step outside I will call in the following order: My lawyer, your supervisor and then your supervisor's boss."

Then do it. Arguing with him only suggests that you can be argued with.

The same system applies when dealing with your landlord or any other hierarchical system. If you take everybody's name and ask them for their supervisor's name and etc., trust me, magic happens. No fuss, no muss.

[purduejake]

17. Thanks...

I will try that with the officer, but my problems with the landlord are with the highest person in the company (other than owners who are hands-off).

[Inland]

9. Yeah, overreacting about SOMEthing.

you call the cops because your landlord has a package. You won't let the cops in your apartment even though they are working on your complaint. You call your landlord every day on a matter that he has either explained to you or doesn't feel he has to do.

Now you want to file a formal complaint with the mayor.

My guess is that somewhere in legitimate complaints to date there is an overreaction. My suggestion is to take a step back and realize that most people don't end up making things into criminal matters, and see if you played any part in things staying on a low boil, and forget filing a formal complaint about the cop.

[ultraist]

12. I agree, stop harrassing your landlord and move out of your precinct

You are just asking for problems. BAD move to make enemies with the cops. Some cops are unstable and you are setting yourself up for problems. People DO get framed for things or shot for no reason.

BTW, in MOST states you MUST pay your rent to the landlord or into an escrow account even if the landlord fails to do required maintenance. There are bigger battles to fight, why create a crisis out of everyday situations?

[purduejake]

28. In Indiana, I can take maintenance costs out of the rent...

if the landlord refuses to fix a legit complaint.

[purduejake]

13. I truly appreciate your post...

but in my defense, the internet matter was not being resolved after a month of being down. I was a college student and needed a connection for classes and to take tests. Often, the computer labs on campus are full.

My intent to file a formal complaint is because of past harassment by the cops. The landlord told them that my roommates and I are gay and we had cops outside our apartment making noise outside and shining flashlights through the blinds for no reason other than to "make sure the apartment was secure." Secure from who?

Anyway, I do appreciate your input and will honestly take it into consideration. Thanks :)

[theshadow]

14. That's a good answer, but...

.... I'd initiate an informal discussion with someone at the PD anyway. The officer might do that in the future and compromise a criminal case. Make it a friendly chat; the officer will be corrected without a formal headhunt and the PD may even be grateful for the heads-up.

[Sparkle]

11. I think the cop likes you.

He probably decided to go in because it was too cold and he was too sissy enough to admit it.

[purduejake]

18. No...

This is the cop who called mommy and daddy because of the dispute with the landlord. I am 23. He does not like me.

[rinsd]

16. Your landlord is required to provide Internet access?

I've never heard of that.

But this was a little bit of overreaction of your part. At least from this story, you seem to meld the cop who responded with cops you have had problems with in the past. The cop should have stayed outside but your reaction is suspicious as hell.

Is it possible that someone likes a certain product with a stinky sweet scent and was a bit worried about this cop finding out?

No offense, intended. I've seen the reaction before.

[purduejake]

20. Yes, internet is provided by the landlord...

The housing market at Purdue is VERY competitive and they are to provide a connection as specified in the lease.

I've been through an illegal search in the past where the cop went through all of my stuff and made a mess. I was never prosecuted and the cop later resigned.

And I do not have ANYTHING to hide, other than the medications I am taking. My attorney told me they could detain me for 72 hours without any charges if they find out I am on Wellbutrin and Xanax. No offense taken, though. I appreciate your help. :)

[rinsd]

25. Like I said I didn't mean to offend.

You hear about a college kid worried about searches and the mind sometimes leaps to conclusions.

" My attorney told me they could detain me for 72 hours without any charges if they find out I am on Wellbutrin and Xanax"

That's crazy provided you have a perscription and don't have insane amount.

I feel for you, a friend hated every apartment she rented while at Purdue. They just don't seem to give shit and the demand will be there regardless.

Good luck.

[purduejake]

29. Don't worry...

I wasn't offended at all. :) There is a GREAT apartment complex and I left for friends. Next year, screw the friends! I'm moving back!

[theshadow]

36. Your attorney said what??

There's something that isn't computing. Being on Xanax and Wellbutrin is neither against the law or grounds for an involuntary commitment.

[purduejake]

38. They can hold you for 72 hours without any charges.

And they can accuse me of abnormal behavior, which is not really defined well.

[theshadow]

41. "Abnormal behavior" alone.....

... isn't grounds for an involuntary commitment. You have to be mentally ill AND dangerous to yourself or others. The 72-hour hold must be based on dangerousness or "grave disability".

I will say that Indiana is different from Wisconsin in offering that 72 hour hold; here, that decision is made by the facility and the police have nothing to do with it.

http://www.psychlaws.org/LegalResources/StateLaws/Indianastatute.htm

IC 12-26-4-1

Law enforcement officers; authority to apprehend and transport mentally ill individuals; charging offenses

Sec. 1. A law enforcement officer, having reasonable grounds to believe that an individual is mentally ill, dangerous, and in immediate need of hospitalization and treatment, may do the following:

(1) Apprehend and transport the individual to the nearest appropriate facility. The individual may not be transported to a state institution.

(2) Charge the individual with an offense if applicable

IC 12-7-2-53
Dangerous
Sec. 53. "Dangerous", for purposes of IC 12-26, means a condition in which an individual as a result of mental illness, presents a substantial risk that the individual will harm the individual or others.

IC 12-7-2-130
Mental illness
Sec. 130. "Mental illness" means the following:

(1) For purposes of IC 12-23-5, IC 12-24, and IC 12-26, a psychiatric disorder that:
(A) substantially disturbs an individual's thinking, feeling, or behavior; and
(B) impairs the individual's ability to function.

The term includes mental retardation, alcoholism, and addiction to narcotics or dangerous drugs.

Chapter 5. Emergency Detention
IC 12-26-5-1

Seventy-two hour detention; written application; contents

Sec. 1. (a) An individual may be detained in a facility for not more than seventy-two (72) hours under this chapter, excluding Saturdays, Sundays, and legal holidays, if a written application for detention is filed with the facility. The individual may not be detained in a state institution unless the detention is instituted by the state institution.

(b) An application under subsection (a) must contain both of the following:

(1) A statement of the applicant's belief that the individual is:

(A) mentally ill and either dangerous or gravely disabled; and

(B) in need of immediate restraint.

(2) A statement by at least one (1) physician that, based on:

(A) an examination; or

(B) information given the physician;

the individual may be mentally ill and either dangerous or gravely disabled

[purduejake]

49. Thanks for the info!

Here, the officer makes the decision. AND, this police department has absolutely no respect for the law. We loose about 1 officer a year after enough people file complaints and sue.

I talked with my attorney about this and she suggested getting a mental evaluation, so I did that right away and was found to be okay. I wish they would have detained me after that, hehe :) Fortunately, I do have prepaid legal, which means I can call an attorney 24/7 if I am detained.

[WillowTree]

19. It would probably, at least technically, be...

....trespassing, but you'd probably have trouble pressing it since you, according to your post, didn't specifically tell him that he was not welcome inside your home.

But I'm intrigued by something else you mentioned. How could your landlord prevent you from getting internet service on your own? How would he/she even know that you done so if you did?

[purduejake]

21. The landlord works with a communications company...

That provides the cable, phone, and internet. They have proprietary connections and wiring, so if I wanted any kind of internet service, they's have to rewire stuff and I am not allowed to do that.

I am not concerned about getting the cop in trouble. I just want to stop the harassment and have had some success in the past. I figure if there is a record of complaints and other people start complaining about the same behavior, it may start an investigation.

[ultraist]

27. Landlord or management company?

There is a difference between landlord and management company. The landlord OWNS the property. Regardless, if the management company had in the lease that they will provide internet access, they are required to do so within a reasonable amount of time, but you would have to put your rent in escrow and file in small claims court for rent abatement. It's only about $75 to file in most counties, but without a lawyer, you likely will not win any rent abatement over lack of internet access.

And you are correct that you cannot have extra lines installed or holes drilled without consent from the management or landlord.

I just don't see it as a battle worth fighting. Chances are, your landlord will release you from the lease if you ask. Most landlords do not want high maintenance tenants. (Believe me, I know, I have offered to PAY tenants to move out of my property).

Again, I'd be careful in how you deal with the cops. I'm not suggesting you don't take any action to prevent or report harrassment, but sometimes, laying low is the best option. This particular situation is not worth filing a complaint over, IMO. You asked him to come there and it's your word against his. Maybe you *did* invite him to wait indoors.

I generally do not trust cops and avoid conflicts with them and instruct my children to do the same. It can be dangerous to get into a power struggle with a cop.

[purduejake]

30. I have asked to get out of the lease numerous times...

And the landlord refused. I am going to let my complaint to the mayor do it's thing and lay low in the meantime. I am realizing with everybody's suggestions that t is stupid to mess with cops, even if they do something wrong. Thanks.

[WillowTree]

32. If you got a dial-up ISP...

....there would be no way at all for your landlord to know. Dial-up serivce stinks, but, in a pinch, it's better than nothing until and unless you get the dispute with the landlord cleared-up.

[purduejake]

35. Dial-up sucks

Plus I can't afford a phone line. The communication company charges $60 a month, and the phones/internet/cable go down all the time! They're all interconnected. It's a real mess.

[theboss]

24. I would think that once you call the police, there is consent

I don't see how I could call the police to settle a disturbance and then bar them from my premises. And - as I said - the landlord could probably give the officer consent to enter the building at this point.

One thing for sure....I wouldn't start yelling at a police officer in this situation.

[purduejake]

31. The issue that took place was not in my building...

The management office is totally separate and they were welcome to that premises. The officer can NOT give concent for an officer to enter. They need a warrant... I checked with my attorney on that. If I said yelling, I didn't mean to. We were arguing, but it was not a wild shouting match or anything.

[Dorian Gray]

44. That's true...

I didn't think of that while reading the whole topic. The landlord owns the property, therefore, if he gave permission for the cops to enter, then it's probably not illegal. (Or a problem.)

[theboss]

22. Why do you think the officer needs a warrant to be in your home?

He needs a warrant to search your home. But if you call him up to file a complaint and he enters your home while doing the job YOU asked him to do, well, you are just being difficult.

I suppose that he may be "trespassing" if you want to get extremely technical. But even then I don't think so. The dispute is between yourself and your landlord. The landlord has a right to enter your apartment for job-related activities. Once the officer is called to handle the dispute, I would think he has a lot of leeway of where he can and can't go.

Again, the issue as I see it is that YOU called the Police, which would probably qualify as consent to certain intrusions.

Now, do I think the cop should have come in your apartment. Probably not. But if I were waiting for you to provide some information which you couldn't find. And then I investigated. And then you yelled at me.....I would be pretty pissed.

[purduejake]

26. There was no reason for him to come in, though.

I understand that I called, but the stolen package had nothing to do with my apartment and he had absolutely no reason to enter. His warm car was sitting 20 feet away, so the cold weather is not an excuse. I did not have the slip I was looking for on me because it was irrelevant (just notification something was left with the landlord. No date, confirmation, package description, nothing). I didn't really yell and I would not be so uptight if I didn't have past intrusions and inappropriate behavior from the PD and this specific officer.

[Dorian Gray]

45. Did you ever get your package? :)

[CrispyQ]

37. Considering your past history with the cops,

and that you state "I don't trust the cop at all" then how the hell is it that you forgot to lock your door when you went into your apt?

I'd drop the whole thing before you make a bad situation worse.

[chrisbur]

39. I would drop the situation too...

You know, I posted first in this thread and said "yadayadayada I would FREAK if they came in my home". Upon re-reading the initial post I would say, FREAK OUT on the inside but don't go making anymore waves. It sounds like there is a lot of conflict in your life.

On the other hand... I am a 36 year old white male with a wife, two kids, a big house on 7 acres down a loong drive and I've lived in this small town all my life. If I called the state police(the only kind we have here), I can guarantee you that they would stay outside if I asked them to. There's no room for subjectivity in the law. Now I am no lawyer but I think that if a person asks an officer to stay outside they should keep their hands off the doorknob.

[purduejake]

42. Thanks...

And I think you are right. I just wanted to protect myself against this overly aggressive police officer. Like I said earlier, he's done inappropriate things in the past like calling mommy and daddy to tell them I am not getting along with the landlord. You have to be careful around college towns.

[purduejake]

40. I told him to wait outside and just let the door close....

I had a cop right outside... I shouldn't have had to worry about locking it. Unfortunately, I can't just drop it at this point. The process has already begun and the mayor is meeting with the chief first thing tomorrow morning because she knows of the past documented problems I've had with her department. We'll see how it turns out, but I'm not too worried. I just want the cops to know I'm not going to tolerate their intimidation, manipulation, and lying. I don't think that is being unreasonable.

Anyway, you have a good point because I can aggrivate the situation, but won't. Thanks for your advice.

[txaslftist]

46. If your recitation of events is entirely accurate, then yes.

He did violate the law. A police officer needs a warrant to enter your residence absent some exigent circumstance. Here there plainly was not one. He does not have the authority to open your door and watch you in your home absent your express permission. This type of invasion is a search, and an illegal one. You should contact an attorney in your jurisdiction and consider filing suit. You should definitely file a complaint with your local police department.

[mattclearing]

48. Elephant in the room: What do you know about the package?

Obviously the police and landlord don't like you very much, but the important thing is the package.

Do you know what's in the package that they don't want you to have?

I know some shipping agencies scan packages since the Anthrax scare. It's entirely possible that the package set off some alarm bells.

Do you know what's in it?