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AttyHeather
AttyHeather, Lawyer
Category: Legal
Satisfied Customers: 546
Experience:  15 years law practice experience
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My local Police dept Goose Creek SC, broke into my car and

Customer Question

My local Police dept Goose Creek SC, broke into my car and used my garage door opener to gain access to my house under the false pretenses of a "welfare check". It is my understanding the police cannot make entry in to residence, unless they hear a fight or commotion, or are in constant pursuit of a fleeing felon? The GCPD broke into my car took my garage door opener and used it to gain entrance to my house.
Being a retired NYPD officer I was armed at the time with my Glock 22, they only time they stated who they were, was when the were in my house. I am considering a civil suit against them. How can you help me?
Submitted: 6 months ago.
Category: Legal
Expert:  AttyHeather replied 6 months ago.

Hi, I'm Heather, an attorney with 15 years experience and I'd like to assist you for informational purposes. That is an unfortunate incident. The Fourth Amendment is there to protect people from situations like this. However, if the police had a reasonable basis to believe there were exigent circumstances, then they can get around the Fourth Amendment. You will need to find out what they had been told that made them think it was necessary to do the welfare check in the first place, in order to determine if they had a reasonable basis to believe there were exigent circumstances. Best of luck to you.