City says it is routine for police to enter unlocked homes

[rambone]

BOULDER, CO -- A woman's complaint has drawn attention to a city's policy to allow police to routinely enter homes that are unlocked.

Chrissy Smiley returned from walking her dog to discover that police had entered her home while she was walking. He left his business card on her kitchen table. When she called the number, the officer explained that "he felt he had probable cause to make sure that [she] was safe." She added that she found the officer's explanation unsettling.

"I have nothing to hide. My house is really clean, there are not bongs lying around. It's just creepy that someone would come in when I am not there."

"We absolutely do not do these things on a whim," said Sgt. MacPherson. "We always knock and announce before entering."

Boulder woman disturbed by police policy to enter unsecured residences

 

[Classic]

It used to be we locked our doors to keep the criminal element from walking in.

 

[IndyDave1776]

It used to be we locked our doors to keep the criminal element from walking in.

I have seen the full evolution of the trends with doors in my lifetime. I can remember not bothering to lock doors at all, then locking them to keep out criminals, and now we have to lock them to keep out selected police (i.e., those who do not respect a closed door). It would be different if the officer in question noticed the door swinging free (indicative of a condition not intentionally created by the owner) and no one answered a knock or shout.

 

[griffin]

It used to be we locked our doors to keep the criminal element from walking in.

It still is.

 

[IndyDave1776]

It still is.

I see what you did there!

 

[cwillour]

It would be different if the officer in question noticed the door swinging free (indicative of a condition not intentionally created by the owner) and no one answered a knock or shout.

From what I understood in the link, what he noticed was an open sliding door. There is no specific mention of whether he knocked, though, and I am not certain how an open door (by itself) justifies police entry.

Smiley, a Boulder resident for 28 years, said she routinely leaves her sliding glass door open when she leaves the house for short amounts of time. To access it a person must open a latching gate, go up some stairs to reach an elevated deck where the door is located.

Smiley said she never uses her front door, which also opens onto the deck, but that entrance to her condo is always locked.

At first I thought the sliding door was a back door, but the mention that the front door is on the same deck (and that she lives in a condo) may indicate that the sliding door is visible from the street and would certainly be visible during a "perimeter check" if she failed to answer the front door (even if the sliding door cannot be seen from the street.) As they were attempting to server a summons, I would not think a walk around the porch is out of order. OTOH, a walk around the outside seems OK in this case but entry is another matter.

 

[GodFearinGunTotin]

It sounds like there may be some history between Smiley and her local PD. Still though, unless they have a warrant or some exigent circumstance exists, keep out.

 

[IndyDave1776]

Share or make some more!

 

[GodFearinGunTotin]

Share or make some more!

Place marker. It is good though

 

[GodFearinGunTotin]

...a Boulder police officer sitting on her dining room table.

I wonder if she had some sort of attractive nuisance inside her house...If she had a box of Krispy Kremes there on her dining room table, well then she was asking for it!

 

[2ADMNLOVER]

" There are situations which create a duty for officers to enter and check residences. Failure to do so creates liability for that officer and agency."

" He added that the practice is backed by sound legal reasoning and is consistent with best practices for law enforcement agencies " .


I thought the supreme court ruled that police have no duty to "protect and serve " ?

This bugs the crap out of me , It's wrong period .

I guess the 4th amendment means nothing anymore .

 

[KellyinAvon]

I wonder if she had some sort of attractive nuisance inside her house...If she had a box of Krispy Kremes there on her dining room table, well then she was asking for it!

You went there!

 

[SERparacord]

cure, inside each door.

 

[2ADMNLOVER]

How convenient that "booby traps" are illegal .

 

[GodFearinGunTotin]

You went there!

Cheap shot?

 

[Denny347]

" There are situations which create a duty for officers to enter and check residences. Failure to do so creates liability for that officer and agency."

" He added that the practice is backed by sound legal reasoning and is consistent with best practices for law enforcement agencies " .


I thought the supreme court ruled that police have no duty to "protect and serve " ?

This bugs the crap out of me , It's wrong period .

I guess the 4th amendment means nothing anymore .

I enter unlocked homes when I'm dispatched to alarms there.

 

[KLB]

I enter unlocked homes when I'm dispatched to alarms there.

That seems a little different to me. Would you have entered the house as it was described?

 

[Bunnykid68]

I enter unlocked homes when I'm dispatched to alarms there.

What about a house that just has the front door open and no alarm and you happen to notice it though? Are you banging on the door and making sure everyone is ok or do you just see a house that has the door open?

 

[IndyBeerman]

I enter unlocked homes when I'm dispatched to alarms there.

Denny I fully expect you to do you do diligence when you have to respond to a alarm call.

BUT.....

Question for you, what do you think that the Boulder Colorado Police Department reaction be to an officer being shot because a homeowner came home, did not see a marked squad car and came in seeing a man turned sideways just enough to not be able to identify him, but to see that he is armed and the armed home owner fires upon him, killing the officer?

 

[eldirector]

An armed homeowner with their headphones on would be a potential disaster.

Dear PD: please respect my property. I'll call you if I need you.