Ogden, UT asked in Criminal Law, Constitutional Law and Gov & Administrative Law for Utah

Q: Can the police go inside a home to do a welfare check even if they arrest the person who owns the home?

Someone called the police saying my friends & his gf were arguing. When police arrived my friend was in his front yard, not upset not fighting with anyone, he saw the officer and asked him how his day was. My friend stayed on his property and the officer approached and told him of the dv call and my friend said no, they are fine. The officer detained him anyways, searched him, found he had a gun, tho he's able to carry one. The cop said he had to check in the victim. When he yelled into the home, she replied, sorry I'm busy doing laundry! The officer said he saw foil and suspected drug use, and used that to get a warrant. They them swabbed the home and have since them condemned it. The criminal charges against my friend were never filed, he was released from jail, now they've condemned his home! Can they do this?

1 Lawyer Answer

Mr Aric M Cramer Sr.

PREMIUM
Answered
  • Criminal Law Lawyer
  • St. George, UT
  • Licensed in Utah

A: Well they can because they did. The issue is the condemnation of the home. You will need to contact a real estate attorney who is familiar with this area to get a specific legal opinion.

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