Rights if a Police Officer Stops at Public Storage Unit
My question involves police conduct in the State of: Kansas
Yesterday I was stopped at my storage unit by the police officer. Was about 3PM and he came
walking around the side of the building to the unit. He approached me. I said Hello and he
proceeded to ask me if that was my unit. I said yes. Then he asked me if he could look inside
(I pulled the door down as he approached). I said No. He then told me that he had "a complaint"
and if I did not open the unit he would arrest me on the complaint. We talked back and forth
a bit.
What are my rights in such a situation? If the unit is not open can he open the door without
my permission?
I didn't open the unit because frankly, the police around here trample over people's civil rights.
I'm black and the officer was white. There was nothing illegal in my unit, but like I said, my rights are above whatever games they play with people around here.
Re: Rights if a Police Officer Stops at Public Storage Unitt
You are not required to open the storage unit for inspection. If the police feel that they have probable cause to arrest you and search the premise, don't physically fight them, wait until court.
Re: Rights if a Police Officer Stops at Public Storage Unitt
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Quoting
antrc170
You are not required to open the storage unit for inspection. If the police feel that they have probable cause to arrest you and search the premise, don't physically fight them, wait until court.
I didn't fight them. The police around here push their way around with people (especially black/Hispanic/etc.)
What I'm trying to understand is my rights while I'm here. The law is not the same (as a home).
Do they need to get a search warrant to go through my storage unit?
What should I have said to the officer to assert my rights? Nicely.
Re: Rights if a Police Officer Stops at Public Storage Unitt
Once he told you he was investigating a complaint then you should zip your lip. They need a warrant.
Re: Rights if a Police Officer Stops at Public Storage Unitt
Quote:
Quoting
Concerned2012
What I'm trying to understand is my rights while I'm here. The law is not the same (as a home).
really? the unit is considered your property just as your home is. For a cop to enter, they need either a warrant or probable cause and exigent circumstances.
so, since the cop was threatening to arrest you if you did not comply, did you either comply or was arrested?
Re: Rights if a Police Officer Stops at Public Storage Unitt
Quote:
Quoting
jk
really? the unit is considered your property just as your home is. For a cop to enter, they need either a warrant or probable cause and exigent circumstances.
so, since the cop was threatening to arrest you if you did not comply, did you either comply or was arrested?
I answered his questions (reluctantly) but did not open the unit.
Re: Rights if a Police Officer Stops at Public Storage Unitt
and I presume you were not arrested?
What was the claimed complaint he was responding to?
If he had a valid complaint, what he can do is greater than if he simply stopped by to check on what you were doing.
Re: Rights if a Police Officer Stops at Public Storage Unitt
I don't answer cops questions. I just say "I don't have time to be playing 20 questions..bye"
Re: Rights if a Police Officer Stops at Public Storage Unitt
[QUOTE=jk;583210]really? the unit is considered your property just as your home is. For a cop to enter, they need either a warrant or probable cause and exigent circumstances.QUOTE]
Not exactly true. A residence does have some greater protections against government intrusion than other property, especially under some state constitutions (as opposed to federal 4th amendment). And, no, the police do not have to have probable cause AND exigent circumstances...the correct word there is OR. They can also enter with consent, to perform a "community caretaking" function, and some other narrowly defined reasons.
But, to the OP...The police do not necessarily have to have a warrant to search your storage unit. As I said to jk, they can do so with a few different, narrowly defined circumstances. To assert your rights (nicely), say "If you feel that you have a legal reason to search without my consent, I will not resist you doing so. However, I am not giving you consent." Then, if the officer searches anyway, DO NOT RESIST (even with "aggressive" demeanor or language), just maintain your composure and cool. If the officer finds something of a criminal nature, let your attorney handle the search in court. If the officer does not find anything, document his name (or at least the unit number or license plate number of his patrol car) and date/time/location. And PROMPTLY file a complaint with the department. This means a formal complaint where you come in an write a statement, not just calling up and complaining to the dispatcher/supervisor/detective/chief of police/god. In that statement, explain the circumstances and why you feel that the officer did not have legal justification to search, in detail.
Just out of curiosity, did the officer ever tell you the nature of the "complaint" he was investigating?
Re: Rights if a Police Officer Stops at Public Storage Unitt
[QUOTE=PTPD22;585301]
Quote:
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jk
really? the unit is considered your property just as your home is. For a cop to enter, they need either a warrant or probable cause and exigent circumstances.QUOTE]
DO NOT RESIST ?
Yes, Indiana supreme court ruled that if the cops comes to your house and wants to come in w/o legal justification then you cannot resist .. you must let them in and then go to court later.
However, I totally disagree with this "to avoid violence" viewpoint that the courts have magically created in the past couple of years. I believe that the people have a right to defend themselves and our constitutions and that our founders codified our rights to have the ability to defend them with the second amendment. Why do you think that this exists..and its our 2nd amendment..not the 7th ? Who the heck even knows or cares about the 7th amendment, really?
Police are storm-trooping our homes with SWAT teams for very minor crimes; pretty soon they'll use them to serve civil process!
I had police demanding to enter my house -- for an investigation of graffiti down the block that happened days before; I told them that they are nuts. They said I had to .. I slammed the door in the guys face and told him never to enter my property again or he would be met by the full force of the 2nd amendment.
Maintaining your cool is always preferable...just slam the door closed and lock it...that's why they make locks people!
"formal complaint" ... I just have my law firm handle this .. and you know who they are...