Police Breaking/Entering

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Slybone

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Hello,

I am a student at San Diego State University and I question some of the actions that SDSU PD sometimes take against individuals. For instance, tonight my friends had some people over in their apartment. The police came into the apartment complex and banged on the front door twice. We did not open the door and they walked in. I should also add that while the door was unlocked it was not open, not even cracked open. The first thing the officer told me was "I know you heard me banging on the door." I replied to him stating that I did not live there and therefore did not open the door, I also mentioned to him that he was not allowed to enter. He proceeded to tell me to "Shut the F* up and leave before I arrest you."

Was I right in stating that he is not allowed to enter the residence?
Am I legally obligated to comply with his instructions to leave the apartment, can I be arrested for not doing so even though I'm on private property?
 
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It sounds to me like you and your friend need to make a complaint to this officer's chief of police and then go even higher to the President of the School. His actions are inexcusable unless he had some really strong reasons for them. I'll explain.

First, I take it you were in an apartment that is not owned by the school? If the school owns the apartment there could be something in the lease about security having certain rights to entry. I doubt it but maybe.

If you were truly in a private apartment then the Police would have had to have exigent circumstances or a warrant to enter the apartment in that manner. I don't think they did because they would have arrested you instead of telling you to leave. It's important to know why they were there. If they had credible evidence that there were drugs in the apartment then they may argue that you or whoever were destroying evidence and that would give them the right to enter. If they had a call that someone was being hurt at the residence and no one answered that would give them a right to enter.

In any case, yes, they can tell you to leave if they need to control the premises. Quite frankly, you should have been happy to leave if the police break into a place and have a bad attitude. The best possible outcome for you is for them to tell you to "get out." They were rude and unprofessional in how they did it, but their alternative was to cuff you face down on the floor or in their patrol car. Which would you prefer?

In any case, we need more information to give you a detailed answer.
 
I have to concur. While you may have had no legal obligation to depart, is it worth getting "cuffed and stuffed" only to later have a DA fail to charge or a judge dismiss the charges?

Your friend who owns the apartment can make a complaint to the agency and even consult an attorney to see if it is worth while to pursue civil action against the agency. Chances are good that the police will have some articulable reason for making entry. It might be weak, but they will likely have something.
 
I can see some validity in this.
I am assuming that the police were there due to a loud noise complaint or some kind of party. There are probably a few local ordinances that might apply as well as school rules since you are on school property, on top of PC 415 for loud noise if that was the case.
If the officers made observations on their arrival that a crime was in progress (even if it was just loud noise), and there was no answer at the door, and in their investigation of the situation they found the door unsecured... well one thing leads to another in this matter and they can probably justify it.
It sounds like they were there to break up a loud party... not to toss the house for illegal weapons and drugs. No, you probably did not HAVE to leave, but the alternative would probably be a citation for whatever offense brought them there, or maybe even arrest for delay/obstruction if you pushed it to far.

You should provide more info about what brought the police to the apartment in the first place. Those circumstances will dictate whether or not it was ok for them to enter.
 
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Whomever's name is on the apartment lease should read the lease agreement thoroughly since the SDSU PD intervened, it's apparent they have jurisdiction in the area in which the apartment is located - consult with the leasing manager to see if/what privileges are afforded to the SDSU PD on the apartment property.

The officer(s) could claim "exigent circumstances" since no one answered the door, but heard people inside. They could claim they feared for the safety of those inside the apartment. Officers could also say they had probable cause to enter for some other reason (smelling marijuana, etc).

I'd strongly encourage the person who is on the apartment lease as to his/her responsibilities as the signer.
 
As a note, we in California are not generally allowed to force entry to a residence simply for smelling marijuana absent some other exigency. Now, if we have minor children inside the home or some other articulable exigency, then it can be a go. But, just the odor is not going to be sufficient to force entry here.
 
I suspect it was loud music.... if loud music was playing and nobody was answering.... it would be reasonable for the officers to investigate and find an unsecured door. This is not really "breaking and entering" anyway. The officers apparently had a lawful purpose to be on the property and were investigating. Sounds perfectly normal to me. As was said above, it really depends on how the officers articulate how the events occurred and justify their actions. The scenario given sounds reasonable to me.
 
Yep. I can see it go either way depending on the articulation. Unfortunately, I have known of officers who would just enter an apartment SOLELY because the door was unlocked ... oops.
 
The police officers responded to a noise complaint which was called in by the manager of the apartment complex. The complex is owned and operated by the school, however after reviewing the lease, nowhere does it state that the university staff has the right to enter. It does however state that if they wish to enter they must give 24 hours notice. There is also nothing in the lease that grants the security/police permission to enter any private apartment.

Thank you for all of your insight into this situation. A complaint was filed with SDSU PD, they did mention to us that they investigate all complaints internally. I guess we'll see how far this goes even though I have a feeling nothing will come of it.

I'm just disappointed in the way the officers handled the situation.

Thanks again
 
They didn't need permission to enter. They were called for a disturbance, located the source, and when investigating after no response at the door found the door to be unlocked. if they opened the door to attempt to locate the source of the noise there is still nothing unlawful about their actions.

The best thing you could have done is answer the door, hear their complaint, agree to turn lower the noise, and let them go on their way. Having done so, they would never have come through the door (unless they observed something illegal inside).

Don't expect the complaint to go far. Also, be cautious that such noise complaints, especially from the management, might land you in the street before long.
 
Thanks for clearing the up,

Yeah I realize noise complaints aren't the best thing to get, we're making an effort to keep it down :)
 
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