QUESTION

What happens if an officer enters my home without permission?

Asked on Aug 07th, 2013 on Litigation - Nevada
More details to this question:
This is just a question, it has not happened to me or anyone I know. What were to happen if a police officer enters my home without written or verbal permission? What am I allowed to do? I have my CPL, am I allowed to use this at all in this situation?
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4 ANSWERS

Alexis Anne Plunkett
It is impossible to answer this question without knowing the officer's state of mind, why the officer entered your home, and what the officer did upon entering. But NO, you absolutely cannot use or threaten to use your firearm on a police officer just because you think he has entered your home without permission.
Answered on Aug 15th, 2013 at 12:16 AM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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You are allowed to protect your home, including from the authorities, from anyone who enters without permission. If an officer insists on entering I would suggest a lawyer is a more appropriate weapon than a gun.
Answered on Aug 15th, 2013 at 12:16 AM

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Law enforcement officers cannot enter your home without permission unless they have and arrest warrant, search warrant, or other court authorization, or an emergency situation exists, such as someone being attacked, fire, etc. In any situation, I would advise extreme caution in using a firearm (I assume you are referring to a Concealed Pistol Permit when you say you have a "CPL"), in any situation. Situations in which one can use a firearm can be an extremely complex legal issue. Additionally, if law enforcement enters your home, legally or not, it is possible, in fact likely, that more officers are in the area and you would be outnumbered and outgunned.
Answered on Aug 15th, 2013 at 12:16 AM

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Michael J. Breczinski
This depends on whether he has a right to do so. A warrant. Hot pursuit of a criminal. Etc.
Answered on Aug 15th, 2013 at 12:16 AM

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