entry on real property by NYS troopers
What are my oligations to allow warentless law enforcement to enter upon my real property and my home in a rural area because a neigbor has called in a complaint about the discharge of fire arms.
Re: entry on real property by NYS troopers
If police enter outside property, there is pretty much nothing you can do. However unless they have probable cause they cannot enter your home without a warrent. When Police arrive and ask to enter the home, I advise clients to call me (or another lawyer) register a complaint about it so that they cannot claim consent to search was given, and then they act accordingly. If they still enter, then it is on them to prove probable cause and exigent circumstances. If they fail you have a suit against them.
Keep a lawyer you can speak to 24-7-365 programed in your phone and in your memory and never enter a police encounter without notifing the attorney. BTW if you find yourself in such an encounter...KEEP QUIET, no statement oral or written without first consulting an attorney.
Good Luck.
Re: entry on real property by NYS troopers
If police enter outside property, there is pretty much nothing you can do. However unless they have probable cause they cannot enter your home without a warrent. When Police arrive and ask to enter the home, I advise clients to call me (or another lawyer) register a complaint about it so that they cannot claim consent to search was given, and then they act accordingly. If they still enter, then it is on them to prove probable cause and exigent circumstances. If they fail you have a suit against them.
Keep a lawyer you can speak to 24-7-365 programed in your phone and in your memory and never enter a police encounter without notifing the attorney. BTW if you find yourself in such an encounter...KEEP QUIET, no statement oral or written without first consulting an attorney.
Good Luck.
