Byron, GA asked in Constitutional Law and Civil Rights for Georgia

Q: Can police enter my home look for my 26 yr old son who is on probation with only my 13 yr old son home alone?

They were looking for my 26 yr old to question him about an altercation earlier that evening. No one was home but a 13 yr old who they woke up from the police banging on the door.

1 Lawyer Answer
James L. Arrasmith
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Answered

A: To answer this question, we need to consider several legal factors:

1. Probation status: If your 26-year-old son is on probation, his probation terms may allow for searches of his residence. However, this typically applies to the probationer's primary residence.

2. Consent: Generally, police need a warrant, probable cause, or consent to enter a home. A 13-year-old may not have the legal authority to consent to a police search.

3. Exigent circumstances: If police believed there was an emergency or imminent danger, they might enter without a warrant.

4. Scope of search: Even if entry was justified, the police should limit their search to areas where the 26-year-old might reasonably be found.

Given the information provided, it seems questionable whether the police had the right to enter the home under these circumstances. They were looking to question the 26-year-old, not arrest him, and there's no indication of an emergency.

Important considerations:

1. Was this the 26-year-old's primary residence?

2. Did the 13-year-old let them in or did they enter without permission?

3. Was there any indication of immediate danger or evidence destruction?

To determine if this was legal, more details about the specific situation and the terms of the 26-year-old's probation would be needed. If you believe the police acted improperly, you may want to:

1. Document everything that happened in detail.

2. File a complaint with the police department's internal affairs division.

3. Consult with a local attorney who specializes in criminal law or civil rights.

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