QUESTION
Can cops be on your private property without probable cause?
Asked on Jun 19th, 2013 on Litigation - Idaho
More details to this question:
I was in my house with my friend and my Mom left for work. She had a friend that needed to see her, but he was 23 and she was only 16. He parked in my driveway, but then drove around my yard for a minute to find someplace to park. Then a cop and a sheriff came and asked me all these questions, I knew he was on my property, I knew they were there. They didn't find any criminal intent. But they stayed for over an hour. My friend and her friend did NOT engage in sexual activity, or anything like that. When I asked them what the problem was, the cop said "Besides him being 23 and her being 16." Even though she turns 17 in three days. Her Mom came and got her and they left. The cops eventually left also. But I noticed that their exhaust from their cars killed my grass also. I have two burnt squares from where they were parked. Are they allowed to stay on my property without a cause since the people on my property did absolutely NOTHING wrong?
8 ANSWERS
Ronald A. Steinberg
If they witness what they, in good faith, believe to be a crime, they are entitled to do their jobs. No, you cannot sue. What does a 23 year old guy have in common with a 16 year old girl? I assume that she is "easy" and he is "horny." In Michigan, the legal age of consent is 16, but even if she has the body of a woman, she has the maturity of a lump of clay.
Answered on Jul 31st, 2013 at 11:28 AM
Criminal Defense Attorney serving Huntington Beach, CA
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Law Offices of James Elliot McIntosh
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Your statement shows probable cause and good police work. Your priorities are pretty skewed though.
Answered on Jun 21st, 2013 at 5:55 PM
If you did not ask them to leave they certainly could stay. The facts you cite are a bit confusing; the girlfriend is a minor until she reaches the age of 18, and they probably were right in suspecting there would be sexual activity if they were not there. Are you sure about the grass; it would be odd if the mufflers are that bad
Answered on Jun 20th, 2013 at 9:03 AM
Michael J. Breczinski
If the owner does not want them there then they have to leave.
Answered on Jun 19th, 2013 at 8:05 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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I think you are making a mistake trying to take on the police department they can make your life miserable a thousand ways. Suggest you move on with your life and try to cooperate with police.
Answered on Jun 19th, 2013 at 3:10 PM
1 Award
You never asked them to leave. Just like anyone else that knocks on your door, they can stay until you specifically state you want them to leave your property.
Answered on Jun 19th, 2013 at 2:54 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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From what you described, it sounds like they had reason to make inquiry. That's all they did. The grass should grow back pretty readily and the inconvenience is minimal.
Answered on Jun 19th, 2013 at 2:53 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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There was cause a minor being seduced by an adult.
Answered on Jun 19th, 2013 at 2:31 PM