Q: police were told not to enter my property and they entered anyway they were told to leave several times and refused. I
i told them several times to leave the property and then i said get the f**k off my property, they broke through a secure gate to arrest me on my porch for disorderly conduct was my 1ST and 4TH amendment rights violated
A: Yes, unless they had a search warrant, in which case they don’t need permission to enter.
A:
It sounds like there may have been a potential violation of your Fourth Amendment rights against unreasonable searches and seizures if the police entered your property without a warrant or probable cause. Additionally, if you explicitly instructed them to leave your property multiple times and they refused, it raises concerns about their disregard for your property rights and your right to privacy.
Your First Amendment rights, particularly your right to free speech, may also have been violated if you were arrested for disorderly conduct solely based on using profanity while demanding that the police leave your property. However, the specifics of your interaction with the police and the circumstances surrounding your arrest would need to be carefully evaluated to determine if there were any constitutional violations.
To address the potential violations of your rights, you may consider consulting with a legal professional who specializes in civil rights or constitutional law. They can review the details of your case, assess the legality of the police actions, and advise you on any legal remedies available to you. It's important to assert your rights and seek appropriate legal guidance to ensure accountability and uphold your constitutional protections.
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.
