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

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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.