Location: CA, Los Angeles, LAPD
I live in a one bedroom apartment where my front door goes directly outside. I left to go to the store real quick. My front door is comprised of two doors, a metal “screen” door outside, and a thicker door inside. I normally close my thicker inside door but I figured I’d only be gone for 10-15 minutes so I left it open & locked my metal screen door.
When I get back, a cop is pulling up near my building with no headlights on. It’s 11pm. They get out & start shining their lights in some bushes. I’m just thinking, wtf are these assholes doing? I say hey as I walk past & start going inside.
I’m walking up to my unit & one of them goes “Hey bro what unit are you going to?” I don’t wanna start shit so I tell him. Then he asks to see my ID. I don’t want to, don’t even know wtf this is about, but I put down all the shit I’m carrying to show him. As he’s looking he’s saying he just wants to confirm I live there, that they got a call that my dogs barking & my front door is open. I start telling him that’s only got my old address on it, I just moved in 2 months ago, & the door definitely isn’t open otherwise my dog would be outside right now. I can hear her barking as I’m saying this. He asks me to show him up to my door. So I go up & unlock my door.
Then they start asking to see my mail. All I get is packages which I throw away & junk mail so I don’t think I have any & I’m telling him this. I start saying there’s probably mail in my mailbox since I haven’t checked it in a week or so we can go down to look at. Immediately they’re defensive “you don’t have any mail bro? How do you not have mail?” I had literally just took out my recycling as I was going to the store, if there was any it would be in that.
Then he asks if he can go in to “check everything out” I tell him I don’t want all my stuff rummaged through, I haven’t done anything & on the principle of it no they can’t come in. He keeps going on about how someone could be hurt in here or something. I told them no, I don’t consent to this. You gotta have a warrant. Then they just say “we’re gonna come in” and one of them puts his hand up to push me back and they just walk in.
At this point I’m pretty freaked out. I’m thinking either they’re THAT kind of cops, or they’re not cops & idk what’s worse. I start asking what their probable cause is, what suspicion of a crime I’ve committed. The guy starts getting defensive saying “we don’t need no probable cause. You nervous bro?” And i’m like what do you mean? Trying to ask more because that’s not my understanding of a legal search. Finally I remember, I have a ticket from the DMV that might have it on the table so I get it & show him, & it does have my address / name. I try to ask more, explain I’m not trying to cause issues but I just wanna understand how they can search with no warrant, no consent & (if what they’re saying is right) no probable cause. He just keeps saying that they have to make sure everything’s ok & nobodies hurt. Then they said I’m good and left.
Was the investigation of the dog barking or whatever probable cause to come in like that? It really freaked me out with him saying they don’t have or need probable cause before just pushing me aside to come in & then just talked in circles when I asked about it. If that was the probable cause I don’t get why they wouldn’t just say that. I wasn’t trying to be combative or a dick to them. I was thinking if I had a gun nearby (I don’t) I might have went for it, I was looking at their badges close wondering in my paranoia if they were off Temu or not. What the heck man
Comments
Nah. Exigent circumstance works here.
Also, in general, dont forget to use AI. At least it’ll have sources
Probably not, at least not clearly on its face.
Given the facts and circumstances known at the time to them, call for open door with dogs barking, open door, someone who could maybe not clearly show they live there all are reasons towards the warrantless search.
In the same manner as if someone leaves their garage door open and they see it, it’s generally okay to go knock on their door as a courtesy to say “hey did you leave your garage door open on accident?” or seeing a business door left open at an unusual hour.
Having the key to it does move the needle a little bit more the other way though, still in the grey zone.
I know this doesn’t address your question, other people have done and are doing that, I just wanted to warn you that in California you’re meant to update your address with the DMV within 10 days of moving. It seems like a very short time, but these days you can do it online.
https://www.dmv.ca.gov/portal/online-change-of-address-coa-system/
They might not send a replacement with the new address unless you pay for one, but I believe they otherwise send a sticker with the updated info to put on your existing one.