do the police have the right to enter a home through a closed door?

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Jim Bob	No, the cop doesn't have a "right" to walk into someones house the way you described things. The cop was lucky he wasn't shot because someone thought that he was an intruder. Of course the cops are all going to say otherwise. Was this answer helpful to you? Yes / No

this screaming inside my head	If the door is closed officers are supposed to knock and if no one answers they leave and dont enter. If the door is closed and they have a warrent or are looking for a murder suspect they can enter. If the door is open and they havve probable casue to enter they can enter. If they tell them to leave and the officers have no warrent or probable cause then they have to leae. they dont have to leave with a warrent or probable casue. Was this answer helpful to you? Yes / No

King	If there was a reason to walk in the house like a fight and non answered the door or something then they can but there wasnt a reason for them to come in. Was this answer helpful to you? Yes / No

lpdhcdh	If she wasn't legally evicted then she had every right to be in the residence. She had the right to ask to cop to be there, and the cop had every right to be there. Your son did not have the right to tell him to leave. Pretty fricking simple. If you don't understand basic landlord/tenant/room-mate law then maybe you should think before letting your son move in his girlfriend int he future. Was this answer helpful to you? Yes / No

guineasomelove	Well techinally, I think that the girl had a right to 30 days notice before she leaves the residence. So, if she wasn't given that 30 days notice then she still had every right to be there. I don't understand why you had to be difficult about the situation. She just wanted to get her stuff out of the house and she brought a cop to make sure that she was able to get the stuff. You should be thankful that she was trying to do it peacefully, instead of causing a scene. I'm not totally sure, but I think that the cop was in the right and all your son had to do was step out of the way and let them handle their business and leave. Maybe you should just let it go, instead of making a big deal out of it. Was this answer helpful to you? Yes / No

James Watkin	She is still legally entitled to enter the domicile. Until she is evicted. So the officer was correct in his actions. And your son should have been an adult an opened the door. And he should have been an adult and kept his temper under control. You need to tell him to grow up before he pisses off the wrong person. His lack of respect for the law speaks volumes about him. Just because they argue and she leaves does not mean she is moved out until all of her belongings are with her and out of the home and she has returned the key or you have legally evicted her, which is really shifty. Just let her have her stuff so she can move on. Was this answer helpful to you? Yes / No

mimi77	You are wrong. She has the right to remove her personal belongings, she did the correct thing by bringing a witness, the Police Officer, for her own protection. The Police have the right to enter the house, since she lived there and her personal items were still on the premises. Your son should have complied and this would have been a simple situation. Was this answer helpful to you? Yes / No

chris r	Steven F. is correct. Depending on the state you live in of course. you didn't give details about that. In Florida for example if someone stays at your residence for 3 days or more they have to be evicted if they choose not to leave. You can't even throw their stuff out of your own home. Once a person takes up residence somewhere in some states anyway, they are a legal resident of that address. If she only wanted her stuff who cares. Let her take it, keep your mouth shut and be done with the winch. Was this answer helpful to you? Yes / No

mikeysco	I think you've answered your own question: "My contention is that if she is moved out and is bringing a cop with her to pick up her things...." Clearly, if she is picking up her things she has not moved out. So like the others here who know what they're talking about, I say it sounds above board to me as well. Was this answer helpful to you? Yes / No

Michael	I don't love this law but, yes, he did have the right to enter at her request. Even though she moved out the law says she can be in "the process of moving" since she still had stuff there. This gives her access to the property. As far as cuffing and not complying, we were not there so we don't know how much resistance there was so we cannot judge. If the officer gave instructions during the course of this leagal action and your son refused to comply of course there will be a response from the officer. Like I said, we may not like it but it was legal. Was this answer helpful to you? Yes / No

Mark M	It seems to me, your son's girlfriend was living at the home making it her home too. If you take a policeman to your own home and have him help you get in, then he is doing his duty. So, it sounds like the cop had a right to be in since she let the cop into her own home. This "she came back the following day" sounds like an attempt on your part of trying to make it look like it wasn't her home anymore. I doubt that would hold up. Let me try and help you a little though. I am guessing there is not a "Man in the house." Your son sounds like someone who doesn't know how to treat a woman since he "shacked up" with some girl out of wedlock. I think you should bail your son out, have him face the music (things will only get worse for him if he thinks "I can do whatever I want" to a cop). Bring him home, smack him upside the head, and tell him to do what a cop says when he says it...if it is reasonable. Then smack him upside the head harder and tell him to get the heck out of your house and get his own place and start treating women with respect. If you don't, you will have a 40 year old, drug addict, living in your house, unemployed, looking for the next needy girl to have some sex with---who complains about how the cops treat him. Ever see "Wedding Crashers?" Was this answer helpful to you? Yes / No

STEVEN F	First, the closed door makes zero difference. If they have the right to enter, they have the right to open the door. Second, the OWNERS permission is not required. Any RESIDENT can grant permission. In the situation you describe, the girlfriend MAY qualify as a resident. She not only gave permission, she REQUESTED they enter. If you wish to argue the point, you NEED a lawyer. Was this answer helpful to you? Yes / No

TxTopCop	As usual, Mr. Goodhigh (Whatever that means), has no idea what he is talking about. If the girlfriend was a resident at this address, she had the right to give the officer permission to enter the residence. I would believe that you've left out some of the story. Any offficer has the right to enter with permission with someone who is in care, custody or control of the property....there is no requirement for an owner to be present for the officer to get permission. The girl was still a tenant at this location if her property was still in the house. She was a resident and had the right to enter the property. Was this answer helpful to you? Yes / No

El Scott	This is what happens when people play house. Your son's ex-girlfriend was/is a resident of the house. She has been living there for however long and has possessions there. She has a reasonable expectation of privacy there. Here's the kicker, as long as the Officer has a valid reason to believe she has a standing to grant consent to enter (and search) the house then the entry is valid. I wasn't there but it sounds like the entry (and your son's arrest) were good. Next time your son should just man up and give her her things back. If I have a fight with my wife and leave the house (the one we have been living in together for 6 years now) do you honestly think I lose my rights to the house and my belonging after a 24 hour period has passed? I really wish people who have no idea about arrest, search, and seizure would quit trying to answer questions in here. Was this answer helpful to you? Yes / No