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  1. #11
    Join Date
    Dec 2018
    Posts
    168

    Default Re: Can the Police Search My House Because I Lefted My 4 Years Daughter Home Alone fo

    He asked a specific legal question: Do the police have the Right to 'raid' a house (enter without permission) when the safety of a child has been established outside the house?

  2. #12
    Join Date
    Oct 2006
    Posts
    15,210

    Default Re: Can the Police Search My House Because I Lefted My 4 Years Daughter Home Alone fo

    Quote Quoting Chuck77
    View Post
    He asked a specific legal question: Do the police have the Right to 'raid' a house (enter without permission) when the safety of a child has been established outside the house?
    Possibly yes, because it would be unknown whether there are other people in the house in distress. Many times a wandering child is wandering because the parent is in distress.

  3. #13
    Join Date
    Jul 2010
    Posts
    7,600

    Default Re: Can the Police Search My House Because I Lefted My 4 Years Daughter Home Alone fo

    If dad had returned as he claims and told them that there was no one else inside, that might serve to block an exigency argument. Whether the officers could articulate an acceptable counter to that, I cannot say. Without knowing what, if anything, OP has been charged with; it is hard to say if there might have been some other circumstance that might allow the officers to enter.

    I don't know if they could use some kind of community care-taking reasoning based on the child being left alone to articulate a need to check inside.

    Regardless, OP needs to speak to a lawyer if he is charged or if he wishes to try and sue based on a possible violation of his rights.

  4. #14
    Join Date
    Oct 2006
    Posts
    15,210

    Default Re: Can the Police Search My House Because I Lefted My 4 Years Daughter Home Alone fo

    I was under the impression that the police entered the home BEFORE the OP returned. I agree that if the OP returned before the police entered the home that might serve to block the validity of the search.

  5. #15
    Join Date
    Jul 2010
    Posts
    7,600

    Default Re: Can the Police Search My House Because I Lefted My 4 Years Daughter Home Alone fo

    He said in one post:

    Quote Quoting Hannibal-Bey
    View Post
    The police said she walked across the street to the neighbors house and the neighbors called the police. When I pulled up and the police were on my back pouch about to enter my home.
    So it sounds like he had arrived home. Now what transpired after that would need clarification.

    I could see a community caretaking exception being argued on the basis that if he left a 4 year old home alone, who got out and wandered off, they needed to check the conditions in the home to make sure it was safe for the child.

    If he didn't get charged with something, which he refuses to say unless I missed it, than I don't see much more than a personnel complaint. He could try suing but it would be expensive and likely not be worth it unless it's just the principle.

  6. #16
    Join Date
    Feb 2008
    Posts
    1,106

    Default Re: Can the Police Search My House Because I Lefted My 4 Years Daughter Home Alone fo

    Also wondering about "on the screen (scene)?" How exactly did the police know that this random person driving up belonged to that home? How did the OP know the police were there or was it just happenstance that he/she arrived at exactly the same time the police did? Does the OP's drivers license show that address or did she/he have proof of who they claimed to be? In the end were the police just securing the scene over "searching of my house"?

    What seems to be lost to the OP is the more serious issue of a 4 year old being left alone, getting out of the house and making it across the street to a neighbor! But it seems like this parent (yes, I am judging as would just about any jury that included parents) is not really looking at this from any other viewpoint than the bad decision one that they have.....

  7. #17
    Join Date
    Jun 2014
    Posts
    3,009

    Default Re: Can the Police Search My House Because I Lefted My 4 Years Daughter Home Alone fo

    I wonder if CPS has contacted the OP ? Surely the officer reported the child being left alone.

  8. #18
    Join Date
    Jan 2019
    Posts
    24

    Default Re: Can the Police Search My House Because I Lefted My 4 Years Daughter Home Alone fo

    I made a mistake but that does justify a Violation of the United States Constitution . The police officer stated that the neighbors told him that the child was left at home alone indicating that where gone. Officer didn't see any car in driveway, the were off,he didn't hear no commotion or see no signs off force entry so where's the exigent circumstances?

    What Alabama law states the age and time a child can be left at home alone?

    Please give me a the Title...

  9. #19
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,287

    Default Re: Can the Police Search My House Because I Lefted My 4 Years Daughter Home Alone fo

    There is no specify age listed in AL law or any other state law that I know of. But, no reasonable person would assume that a FOUR YEAR OLD should be left home alone.

    Further, under the community caretaking exception to the warrant requirement, it was reasonable for the police to enter the home to search for additional children or injured, sick, or deceased adults.

    You are certainly free to complain to the police department or to hire an attorney. But, beware keeping the matter alive. If you are not facing serious criminal charges related to child endangerment, or the loss of your child as a result of your actions, you may not want to draw too much attention to your actions.
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  10. #20
    Join Date
    Jan 2019
    Posts
    24

    Default Re: Can the Police Search My House Because I Lefted My 4 Years Daughter Home Alone fo

    The police knew that the parents were gone and that there was only one child in the home because a week earlier they were there on a call for a house fire. So knowing that what reason or probable cause did the police have to enter a citizen home?

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