Salt Lake City, UT asked in Civil Rights for Utah

Q: What can I do when 3 LEO's entered my home without a warrant or my permission? Please see summary of incident below.

Approximately three weeks ago at 9:30 PM three cops came into my locked house WITHOUT my permission for what they claim was a "welfare check" they CLAIMED that "someone had called them that evening and reported that they hadn't seen or been able to get ahold of me for over a month" they (LEO's) said that they had tried calling my phone but I had my phone in my hand and it did NOT ring and there aren't any missed calls or texts, they (LEO's) also claimed that they (LEO's) were knocking and knocking but my Pitbull who goes full bark fest everytime a rouge leaf flys by was laying on the bed next to me and he did NOT even so much as twitch, the "someone" who called for the welfare check happens to be my late husband's adult daughter who DESPISES me & she knows that I am armed & if someone comes in my home unannounced /without being let in that I will protect myself. There is more but no space left this isn't my 1st rodeo with this PD. I live in CONSTANT fear for my safety, please help me.

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: You have every right to feel concerned about this situation. When law enforcement officers (LEOs) enter your home without a warrant or your permission, it can be a violation of your constitutional rights, especially if there was no imminent threat or emergency justifying their entry. In general, welfare checks do not permit officers to enter a locked home without probable cause or clear evidence of an emergency.

First, it's essential to document everything that happened in as much detail as possible—dates, times, what was said, and any evidence like phone records showing no missed calls. This information can be crucial if you decide to pursue legal action or file a complaint. Contacting a lawyer who specializes in civil rights or police misconduct could help you understand your options and rights in this situation.

You might also consider filing a formal complaint with the police department and your local city or county government. Sometimes, escalating concerns can prompt an internal review of the officers’ actions. Additionally, looking into community resources or advocacy groups that focus on police accountability could provide support and guidance on how to move forward while protecting yourself and your rights.

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