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Ask David C. Garner Your Own Question
David C. Garner
David C. Garner, Attorney
Category: Legal
Satisfied Customers: 1043
Experience:  JD with Distinction, Admitted to practice in California
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I live in Nampa, ID. Today I arrived home to find 2 police

Customer Question

I live in Nampa , ID.
JA: Has anything been filed or reported?
Customer: Today I arrived home to find 2 police cars and a gaggle of neighbors surrounding my home. I asked the neighbors what was going on and they asked me if i lived here. I said yes and they said they called the police because they hadn't seen me for awhile. i don't know any of these people. I always go out on Monday.
JA: What state is this in? And how old is the car?
Customer: Apparently some children were looking for their bunny and knocked on my door. i , of course, did not answer as i was not home. So they ( I do not know who) call the police. The police entered my house looking for a dead body.
JA: Anything else you want the lawyer to know before I connect you?
Customer: forget it.
Submitted: 5 months ago.
Category: Legal
Customer: replied 5 months ago.
My question is: is it reasonable for police to enter my house on the word of neighbors I do not know and do not have any interaction with. I have not deviated from my normal routine in any way. it just so happens that the children knocked on my door in the 4 and one half hours i was gone on a monday as i have done for the last year.
Customer: replied 5 months ago.
At this point i am afraid to leave my home for fear that it will be invaded again.
Expert:  David C. Garner replied 5 months ago.

Hello,

Short answer, yes, its reasonable. First of all, the police were undoubtedly not told you had only left for four hours. No telling what gossip the were told, but if you want to know, call them and ask what if any reports were written. 911 cad logs will also tell you what was reported.

Don't be afraid to leave your home. Better solution - get to know your neighbors. Believe it or not, they are trying to protect you.

I hope this helps.

DCG

Customer: replied 5 months ago.
Thank you, ***** ***** somewhat conflicted about this but this was way overkill. I will call for police report tomorrow.
Customer: replied 5 months ago.
Do you know your neighbors 4 or 5 houses down the block? I was told by police that my mailbox was not emptied. It was on Friday leaving only Sat and Mon mail in box. The neighbors also opened a car in my driveway that had not been driven for 2 years because it is not licensed and has mechanical problems. They removed a garage door opener from the car and gave it to police. The car I drive is always parked in the garage. The neighbors may have been in my house also. I do not know what exactly happened. Just to make this clearer. i live on a corner. i come into the neighborhood and my house is right there. i pull into my garage close the door and that is that. i have no need to drive around the block for any reason other than once a month maybe to check the back of my fence for weeds or other problems. I appreciate their concern but one knock on the door in 3 years unanswered seems a bit of an overaction for people that don't know my schedule or anything else about me. I'm sorry but I can't sleep, I'm so nervous. If the neighbors had not given the garage door opener to the police would they still be allowed to break the door down and come in? And is it legal for the neighbors to open my car on my property and remove the remote?
Expert:  David C. Garner replied 5 months ago.

Hello,

Yes, I do know my neighbors. In this case, you asked if police conduct was reasonable. It is. Police enter houses all the time in these circumstances and find bodies - alerted by everyone from relatives to delivery people to utility workers. Its a community caretaking doctrine.

As to your neighbors, their conduct may be less reasonable, unless they were acting in good faith. I realize you feel violated, but since you don't know what exactly happened, perhaps it was not sinister.

The short answer is there is little you can do other than alert the police as to your displeasure, discuss your routine with them and make sure they have good contact information.

I hope this helps.

DCG