Criminal Law/ILLEGAL ENTRY?

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Expert: - 6/3/2008


Question
I RECENTLY WAS THE VICTIM OF AN ATTEMPTED ARMED ROBBERY AND SLASHING. MY STORY IS THIS..I WAS SURPRISED BY THE ASSAILANT WHEN I WAS ABOUT TO OPEN MY FRONT DOOR. I HAD A GUN TO MY HEAD BUT WOULD NOT OPEN THE DOOR FOR FEAR I MAY BE KILLED INSIDE. WHEN TRIED TO RUN FOR IT THE ATTACKER GRABBED ME AND SLASHED MY NECK TWICE. I RAN UP 1 FLIGHT OF STAIRS BANGING ON ALL DOORS FOR HELP ANDTHEN ANOTHER BEFORE SOMEONE OPENED. THE NEIGHBOR CALLED 911. I WAS FEELING WOOZY AND MY KEYS WERE ON THE FLOOR IN THE HALL WHERE I WAS ATTACKED. SO I WENT BACK TO THE APARTMENT TO RETRIEVE MY WALLET AND ID AND PICK UP MY KEYS. ALL THE WHILE DRIPPING BLOOD EVERYWHERE. I WENT BACK UP THE STAIRS TO MEET THE PARAMEDICS AND COPS WHO WERE ON THE SCENE. THEY ASK ME WHAT HAPPENED AND FOR AN ID OF THE SUSPECT WHICH I GAVE. I TOLD THEM IT HAPPENED IN THE HALLWAY AND NO ONE WAS HOME. THEY THEN TOOK ME DOWN TO THE AMBULANCE. WHILE SITTING IN THE AMBULANCE THE BROUGHT A SUSPECT FOR ME TO ID IT WAS HIM. THEY HAD HIM AND THE GUN AND KNIFE. NOW IM AT THE HOSPITAL BEING STITCHED WHEN A COP COMES IN AND CUFFS ME TO THE BED. WHEN I ASK WHY. THEY TELL ME FOR WHAT I HAD IN MY APARTMENT NOT SPECIFYING, BUT I KNEW I HAD 6 SMALL MARIJUANA SEEDLINGS ON MY KITCHEN SINK. ANYWAY MY QUESTION IS.. DID THEY HAVE THE RIGHT TO ENTER MY APARTMENT WITHOUT MY PERMISSION OR THE OWNER OF THE APARTMENT WHICH WAS MY GIRLFRIEND? THEY SAY THEY WERE LOOKING FOR OTHER POSSIBLE VICTIMS BECAUSE OF THE BLOOD TRAIL. BUT IT WAS MY BLOOD, THEY HAD ME AND THEY HAD THE SUSPECT AND I TOLD THEM NO ONE WAS HOME. DID THEY HAVE THE RIGHT TO ENTER? I LIVE IN NYC.

Answer
George,

   I am assuming that you are charged with some type of marijuana related crime?  

   You asked about the "right" of the police to enter your apartment.  The "right" will be decided by a judge when you go to court.  Your attorney will have the opportunity to contest the search of your apartment at that time.  That is when the "right" of the police to enter your apartment will be decided.

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Jack Toomey

Expertise

Please do not ask me about potential jail sentences that you, your friends, or family might receive in court. There is no way for me to know that. Only a judge could answer a question like that. I am also NOT a probation officer or parole officer so I cannot answer questions that relate to parole or probation. Also please keep in mind that every state has different laws. If you are planning to ask a question about a specific law or criminal charge that pertains to your state only it could be difficult to answer. I also cannot give you legal advice on what to do or what not to do in court. Retired police officer with 26 years experience. Worked in the patrol division as well as over 14 years in the detective bureau. Investigated a wide range of crime such as murder, rape, robbery, theft, fraud, missing persons, and other very sensitive crimes. I am available to answer your questions about criminal law and especially as it applies to police work. I taught at the police academy for several years and am especially knowledgeable about search and seizure. Any question about criminal law is welcome! Please don't ask me to do your homework or ask me questions that obviously come from your teachers or professors. I also do not do online interviews or surveys. Young people need to gain face to face interviewing skills. Local police officers usually are very agreeable to assist in these assignments.

Experience

I am a retired police officer with 26 years experience. I investigated almost every type of crime including murder, rape, theft, missing persons, fraud, and domestic abuse. I am very knowledgeable about search and seizure and taught at the police academy for several years on a variety of subjects. I can answer questions that a lot of attorneys cannot since they do not have "street experience".

Education/Credentials
Bachelor of Science degree in Criminolgy from the University of Maryland.

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