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AttorneyTom, Lawyer
Category: Criminal Law
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Experience:  Attorney
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I was complaining about life inside my own house and the cops

Customer Question

I was complaining about life inside my own house and the cops came and harrassed me about what I was doing. Is that legal? Yes I was using some coloroful language but I was in the confines of my own house. In light of what is going on with the "occupy wallstreet" crap, can the cops just come into people's houses and harasse them because the neighbors said something?
Submitted: 4 years ago.
Category: Criminal Law
Expert:  AttorneyTom replied 4 years ago.
Hello! Thank you for bringing your question to JustAnswer! I'mCustomerand I'll be happy to provide some valuable information!

While individuals do have the right to free speech and while individuals do have a right to voice their feelings about their lives in general, they can potentially be cited for noise violations or, potentially, other violations when the conduct interferes with their neighbors. Unfortunately, there's typically a significant difference in noisey conduct in the home that constitutes a domestic disturbance and something like a political protest.
Further, if officers have reason to believe, upon arriving at the scene, that a crime may be occurring, that can provide them with a basis to enter a home. For instance, a great deal of screaming could, in some circumstances, provide officers with a basis to enter the home due to a concern that violence is taking place within. That said, the exact details of a particular situation can be especially relevant to such a determination and the constitutionality of officers entering the home without the homeowner's consent. While a few noises within a home would not regularly be enough to justify entry, something that indicates a crime and an emergency within the home can be sufficient if immediate entry is necessary to prevent injury or loss of evidence. Suspected domestic violence, for example, can be sufficient (and such suspicion can arise from shouting within a home).

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