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  1. #1
    Join Date
    Sep 2010
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    3

    Default Entry and Seizure of Property Under Guise of a Welfare Check

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

    Officers arrive at a residence to arrest a suspect for a PC felony.
    Officers knock on door and no one answers. Suspect's vehicle is not in lot or driveway. Officers have no reason to believe suspect is in residence.
    Officer have key to residence and make entry into the residence in the guise of doing a "welfare check" on suspect.
    While officers are in residence they find a "weapon" and take into their custody for safe-keeping. Officers do not leave reciept of property taken.

    Officers return a couple days later, knock and no one answers. Suspect's vehicle is not in lot or driveway. Officers have no reason to believe suspect is in residence.
    Officers make entry into the residence again and find a "weapon" and take it into their custody for safe-keeping. Officers do not leave reciept of property taken.

    I am assuming this is a clear cut violation of the suspect's Fouth Amendment right against unreasonable search and seizure. There was no arrest warrant, no search warrant but officers desire to arrest and using "welfare" check to gain access into residence and then take property because it could be used as a weapon.

    Am I correct in thinking this is wrong and illegal of officers?
    What agency would investigate this type of incident?

  2. #2
    Join Date
    Aug 2007
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    3,835

    Default Re: Entry and Seizure of Property Under Guise of a Welfare Check

    Is this for a Play or something??

    The officer has the key??

    How was that obtained??

  3. #3

    Default Re: Entry and Seizure of Property Under Guise of a Welfare Check

    Officers have no reason to believe suspect is in residence.
    You have no possible way to know that.


    It's reasonable to think that whomever gave the key to the officers has the ability to grant admission, unless there is some reason to claim that the keyholder obtained the key illegally or had no standing to allow such admission by officers (or anyone else for that matter).

  4. #4
    Join Date
    Sep 2005
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    Default Re: Entry and Seizure of Property Under Guise of a Welfare Check

    The circumstances might support a welfare check; we don't know the circumstances.

    Should we infer that the residence was occupied by a felon who, with guns being found in his home on two occasions, is being charged as a felon in possession of a firearm?

  5. #5
    Join Date
    Aug 2007
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    Default Re: Entry and Seizure of Property Under Guise of a Welfare Check

    Even without a key, some courts have expanded Cady v. Dambrowski (US SC) and it's "community caretaking" doctrine as an exception to a warrant, to permit a safety check, or welfare check as you call it.

    BUT, the Q is, why would they do a welfare check on the suspect they were intending to arrest??

    How do you know they did not have an arrest warrant, key in hand or not??

  6. #6
    Join Date
    Sep 2010
    Posts
    3

    Default Re: Entry and Seizure of Property Under Guise of a Welfare Check

    The residence is an apartment. The key was obtained by officers via an emergency key box. This box would be used for police/fire in the event of an emergency.
    There was no arrest warrant or a warrant to enter the residence. Officers knocked on the door and no one answered. The suspects vehicle was not in the parking lot. They cited a welfare check to go into the residence. They stated that since the suspect was mentally unstable that they wanted to check on him. Their true intent was to arrest the suspect on a felony. While they were inside the residence, the suspect was not there. They took one piece of property, not a gun or knife, for safekeeping. They construed it as a weapon. Two days later, officers go back, knowing that the suspect was not there, go into the residence again and take out another piece of property they construe as a weapon, not a gun or knife.

  7. #7
    Join Date
    Aug 2007
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    3,835

    Default Re: Entry and Seizure of Property Under Guise of a Welfare Check

    if there are no legal surprises in the story, it was an UNconstitutional entry and any evidence obtained can be moved for with a suppression motion.

    Welfare check??

    Sounds like a ruse.

    The entry of the home is the chief evil in which the 4th AM is directed.

    Welfare checks, even if lawful there, will be given great scrutiny by a court.

    Police simply cant intrude because the person has a stomach ache, to be simplistic, but you get the drift.

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