Can a police officer enter my home based of hearsay from a CPS worker? 5 Answers as of April 04, 2011

A police officer entered my home on hear-say from a C.P.S worker ,because the C.P.S worker said I was rude to her. After I have already let her in my home just an hour before the sheriff stopped. Was this legitimate?

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Alanna D. Coopersmith, Attorney at Law
Alanna D. Coopersmith, Attorney at Law | Alanna D. Coopersmith
If I understand you correctly, a sheriff entered your house without a search warrant/arrest warrant and the only reason was that you were (allegedly) rude to the CPS worker? No, that's not legal. Keep in mind that the prosecution may try to argue that the sheriff entered the house for a "public welfare check" in that there was reason to believe that your child was in danger and in urgent need of assistance.
Answer Applies to: California
Replied: 4/4/2011
Nelson & Lawless
Nelson & Lawless | Terry Nelson
He can in the same way you can break the speed limit. But, there are consequences to all of our actions. If you were not arrested, and you allowed him in, then you were simply inconvenienced. If you were arrested, the proper questions are, can any evidence obtained in a search or confession be used against you, and can you be convicted, and what can you do? Hire an attorney, unless you know how to effectively represent yourself in court against a professional prosecutor intending to convict. No amount of free 'tips and hints' from here or anywhere else are going to help you in your defense, other than the advice to exercise the 5th Amendment right to SHUT UP and do NOT talk to anyone except an attorney about the case. Most police and prosecutors will happily tell you that 95% of people convict themselves by trying to be 'helpful and cooperative' either during initial contact, questioning, interview or interrogation. If serious about hiring counsel, and if this is in SoCal courts, feel free to contact me.
Answer Applies to: California
Replied: 4/4/2011
The Law Office of Harry E. Hudson, Jr.
The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
I do not think so. However, there are potential exceptions that *might*apply, emergency, care taking .... I did not say would apply, just might. You should consult with an attorney . More details are needed, including the cops report.
Answer Applies to: California
Replied: 4/4/2011
Law Office of Joe Dane
Law Office of Joe Dane | Joe Dane
In order to enter, they must either have a warrant, consent or exigent circumstances. If (big "if") they have information that there was an imminent risk of harm or abuse to a child, then they could possibly enter. I assume they found something in your house they're trying to use against you. If the didn't find anything, then the legality of the entry won't be of significance in any criminal prosecution, but if there was anything found, it's subject to being suppressed if the court finds the entry unlawful. If you're asking about a lawsuit against the police, then there could be a viable lawsuit... but in either scenario, it can only be assessed by an attorney after meeting face to face with you and a full analysis of the facts.
Answer Applies to: California
Replied: 4/4/2011
The Law Offices of Robert L. Driessen
The Law Offices of Robert L. Driessen | Robert L. Driessen
Did the officer have a search warrant? Did the officer ask for permission to enter and was that granted? Without a valid reason a police officer cannot just enter anyones house. I would discuss this matter with a local criminal defense attorney.
Answer Applies to: California
Replied: 4/4/2011
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