Entering without Permission

[adams528]

It has always been my understanding that the only time we can enter a residence without permission is if we are 100% sure the defendent is in there. As we have seen them go in or saw them through a window etc. However I read in one of the forums that may not be necessarily true. I have charges pending against a wife for lying about her husband not being at home. I had knocked on the door, a young boy about 5-7 years old answered. I asked if the defendant was home, he nodded yes and walked away from the door. A few moments later the wife appears, says he ain't here, hes at the store. I told her the little guy said he was there. She adamantly stated, I told you he isn't here. I asked her if I could come in to verify, she said no, I am not properly dressed. I asked her again if she was sure he wasn't there. She is getting pissed and says no. I told her if I find out he is there, I will have her charged. As I am leaving a neighbor boy says, Mister she's lying to you he is there. At that point I opened the door, stepped inside and hollered for the defendant who appeared at the top of the inside stairwell. The DA's office called me today, she wants to take this to court. She says she was asleep when I knocked and she didn't know he had come home. Bullsh*t!! The Public Defenders Office is defending her of course. The ADA handling asked me if it is possible that she didn't know he was there. I said sure its possible but I asked at least twice, are your sure he is not here. I can't believe where this is headed.
Anyway, I am not talking about busting in every residence we have a warrant for but am getting tired of people lying through their teeth to hide their husband, wife, son, daughter, whatever. This joker had 5 failure to pay traffic warrants. Not a hardened criminal but just one trying to play the game. Any help out there?

[DDT]

I would just leave the wife out of it. If she wasn't asleep, at least she is loyal. Think of the kid! He'll have both parents in the slammer and the kid will just grow up to be another cop hater. And over what...traffic offences. It's sad, really.

[ConstableChuck]

I'ts very frustrating, we really shoud have use of criminal complaints so we can charge the "liar" with hindering apprehension and obstruction on our own, people talk and some know it's easier to get away with hindering a Constable than with PSP and other agencies, credability is important and if you don't have it then making arrests becomes more dangerous, my advice is press the DA to prosecute to the fullest and go to trial if necessary, I doubt she will get jail time unless she's got a bad record or is on probation, we "Constables" can't afford to send a message that people can get away with hindering us.

If the neighbor told you she was lying maybe he saw them together before you arrived, that would eliminate her defense.

[Constable2506]

According to what I was told at HACC and have used it. THE "Address" on the warrant allows you to search THAT house only at your discretion UNLESS you see the person at another residence. You have to weigh what the cahrges are, How many? etc. Would I search a house for a parking ticket??? Would I search a house for a Bench warrant?? Drug Charges..

How I have worked it. Is I "TELL" the person and Show them I have a "Body warrant" which is what you have, show the address. You can search the house but only places that a person can fit. If they refuse I say that is fine, I give them two choices, I can search it with my partner or I can call the local PD with lights shining so the neighbor can see it and we all can search it.
99% of the time the choose me and surprise, they are there.

When I search I announce loudly that we are state constables, Call the individuals name over and over, announcing ourselves over and over. Tell the to come out. If the individual is found great, if not I appologise for inconvenience give them my card and tell them to call me if they see the person. I tell them I will be back sometime in the future. GUESS WHAT? if the individual was not there, he usually shows up at court the next day or so..

Use common sense and you will be OK. Be courtious, it gets you a mile.

[SETZ]

A similar incident happened in a nearby Co. last month. Constables had been to the residence previously, left cards and spoke with relatives. Two uniformed constables took up positions at both exit doors. Upon knocking a pre-teen answered the door and acknowledged the defendant was home(1) and opened the door for the constable at that door. The other constable saw the defendant through windows run into a rear bedroom.(2) This was radioed to the partner inside. At this point an adult female appears and says that the def. is not home. She is told that the little girl said he was home. The female said, "He's not going to talk to you." She was advised to ask him if he would come out to speak with the constable. She disappeared and returned saying. "He said he doesn't want to talk to you."(3) The constable went to the bedroom door and attempted to converse with the def. the door was ajar and the constable attempted to open it. The door stopped after opening only a few inches, enough to stick a hand in. The constable shined the light of his taser into the room and advised the man to come out. At this point the female was on the phone to friends and the constable radioed to his partner to call PSP. About the time 2 or 3 of the def's buddies show up, the def. reached around the door and clocked the constable. The constable brought the man into the hallway. He was given numerous commands to comply as the second constable was now in the living room covering her partner from the "buddies". The def was cuffed and held in place until PSP arrived. PSP ran the men and female and all had records, one was still on probation/parole. The def. was charged with agg. assult on an officer, resisting, disorderly conduct and endangering the welfare of a child.

PSP commended the constables for thier restraint while the Sheriff and the MDJ thought pulling his Taser was excessive force. No charges were filed against the constables and entering the property was a non-issue because of the 3 points outlined above. I'd like to see it in writing where it says you can enter the address on the warrant without permission. I have heard that early on, but never was able to verify it. I do tell people that from time to time, but it becomes mute when they say I can search.

Adams, What about the neighbor? Maybe call him as a witness. How much did he see? How much did he tell you. Having a neighbor verify that a def. is home is probable cause to believe that you were lied to. Did he see the def. enter with the wife? HHHHMMMMMMM

[LANCO]

All,

I have been told in an updates class that we do INDEED have the right to enter a property (listed on the warrant) to search for a subject. This was told to me by MDJ Rodney Hartman of New Holland Lancaster County. He was an instructor of mine during updates. Jiudge harman is a former Police Chief, and mentioned more then once that Constables have powers that Police Officers do not have, specifically the ability to enter a premesis with a "bosy warrant". I am scheduled for updates in March (Lancaster), and will check with the instructors. Also, I recommend that someone (maybe me) call attorney Phil Interari (sic) as he is well-known as THE authority on Constable law. He is the former Court Administrator for Dauphin County, and now is in private practice. Hopefully we can determine if this authority is by statute, or is common law.....

[ConstableChuck]

I think we need to look at this issue from a different perspective, the requirement that a warrant is needed to search a home is based on the rights of the people that live there, the only exception may be that you saw the defendant inside, whether it's a Constable, PSP or the FBI the requirement is the same, no agency has more "authority" than the other in that respect because all are government officials and must adhere to the law, the only advantage a Constable may have is that we normally work closely with the judge who has authority to issue warrants and authorize a search of a home, an arrest warrant is not a search warrant, to enter a premise to search without permission of a resident you specifically need a search warrant or at least a verbal authorization from a judge.