Can a police officerlegally enter a residence when trying to serve papers for a TRO case?

UPDATED: Jul 13, 2010

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Can a police officerlegally enter a residence when trying to serve papers for a TRO case?

I believe the papers are for notice to appear to decide whether the TRO will be granted or not.

Asked on July 13, 2010 under Criminal Law, Hawaii


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

I need to answer your question with a question: did you let them in?  If the police came to the door and you voluntarily let them in then they did nothing illegal.  If they came in under false pretenses, well, then maybe but maybe not.  They did not conduct an illegal search that was the basis for an arrest, correct?  And if you are in the First of Fifth Circuit in Hawaii (Oahu or Kauai) then the police can serve the TRO on the party being restrained.  The party requesting the TRO has to only deliver it to the police station for service.  If I have missed something here please write back or seek legal hep in your area.  And abide by the TRO until you are advised otherwise.

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