Can the police enter my home and remove someone when I am asleep and did not give permission them to enter?

UPDATED: Sep 14, 2011

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Can the police enter my home and remove someone when I am asleep and did not give permission them to enter?

My son’ s 13 year old girlfriend came to our home around midnight and was cold and scared. She got in a fight with her grandmother (who is her guardian) and came to our home looking for my son. We let her in and after awhile she fell asleep. The grandmother knew where she was and called the police the next day to come pick her up. The police came while I was asleep and the girl was taking a shower and walked right in and and was screaming at this little girl telling her to hurry and such. I just need to know if they have this right to enter my home without consent or a warrant?

Asked on September 14, 2011 under Criminal Law, West Virginia


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

From the facts that you have written, the police officer may or may have not been justified in entering your home without a search warrant. The only justification would have been if he officer believed that an actual crime had aoccurred and he needed to immediately enter into your home.

From what you have written, the facts do not seem to suggest that this was the situation. Rather, the facts show that a neighbor allowed a scared and upset teenager to spend the night at his or her home. In answer to your question, the law enforcement officer first needed permission to enter your home to get the minor who had spent the night.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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