Can the Police Come into Your Home While You Are Asleep

My question involves search and seizure law in the State of: kentucky

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Quoting joanna100

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My question involves search and seizure law in the State of: kentucky

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Well ... it really depends on the circumstances. Sometimes, yes - sometimes, no.

In general the police need a search warrant (or in some cases an arrest warrant for the resident), consent, or some sort o exigency justifying why they obtained neither a warrant or consent.

Why did they say they came inside?

0ne of the detectives had a contempt warrant for my bro.but I can't seem to understand why 2 detectives and a city cop would come in like that on a contempt warrant.but that is neither here nor there .

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Quoting joanna100

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0ne of the detectives had a contempt warrant for my bro.but I can't seem to understand why 2 detectives and a city cop would come in like that on a contempt warrant.but that is neither here nor there .

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If your brother lived there, they could probably enter if they had reason to believe he was there.

Why would three officers seem odd to you? What, you think that one officer might have been enough? I know of officers that have died for being underprepared.

Is there some reason you think the officers entered unlawfully?

I am wondering what being asleep has to do with it?

If they had an arrest warrant, they won't call first to see if a person is asleep?

I am not being funny, the question just seems odd?

Not to belabor the obvious, but while the warrant itself may have been for contempt, there was some ORIGINAL charge which LED to that contempt. The nature of that original charge may also very well have played a role in the decision of law enforcement to serve the warrant in the manner they did (ie if a drug charge, they don't want to give people time to hide/eat/flush/destroy evidence, or, if a violent crime or he was considered at risk for fleeing, officers tend to prefer the element of surprise instead of politely knocking).

Juast wonderimng..my bro seems to think is was "illegal" but I showed him the 4th . adme ndment and wouldn't have that either

It was a dui contempt

They obviously can't break down the door. If someone let them in, tuff for you/your brother.

You have no damages. The only difference it would make is if they found something illegal after they entered, then perhaps there would be grounds to suppress it being entered into evidence. Otherwise, who cares.

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Quoting aardvarc

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Not to belabor the obvious, but while the warrant itself may have been for contempt, there was some ORIGINAL charge which LED to that contempt. The nature of that original charge may also very well have played a role in the decision of law enforcement to serve the warrant in the manner they did (ie if a drug charge, they don't want to give people time to hide/eat/flush/destroy evidence, or, if a violent crime or he was considered at risk for fleeing, officers tend to prefer the element of surprise instead of politely knocking).

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Op does not know if they knocked or not .. she was sleeping. But I will say that police are getting too aggressive ... no-knocks, tear gas, for minor offenses. For a DUI warrant, non-knock is too aggressive. Its a two edge sword for the police too .... your door gets broken down & armed people come in .. the cops can expect to meet bullets sometimes. Like Waco, the FBI could have arrested the dude during his morning jog but decided to send a tank into the compound instead.

Naw they cant come in in most states unless they have a warrant too or if your bro had a felony warrant