Seaford, DE asked in Civil Rights and Constitutional Law for Delaware

Q: Can state police come on my property, walk around my house and look in my windows without permission

A neighbors cat got accidentally locked in my building. Two state police came and banged on my doors and windows. Walked around my home several times, looked in my windows, walked around my building. I didn't answer the door because of how aggressively they were banging on my doors and windows. After they left I called the state police office to find out why they were there. It was because of a cat and in my state cats have zero laws and are considered free range. I have everything on video from my security cameras.

2 Lawyer Answers
James L. Arrasmith
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Answered

A: I'm sorry you had to go through that experience. Generally, law enforcement officers need a valid reason to enter private property, such as a warrant or immediate emergency. If they don’t have permission or a warrant, their presence and actions might not be lawful.

Since your state treats cats as free range and there were no specific laws violated, the police might not have had the authority to search your property without consent. Documenting the incident with your security cameras is a good step, as it provides evidence of what occurred.

It would be beneficial to consult with a legal professional to discuss your rights and the specifics of your situation. They can offer guidance on how to address any potential misuse of authority and help protect your property rights in the future.

James L. Arrasmith
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Answered

A: State police generally need a valid reason to enter your property. Without a warrant or your permission, they typically cannot walk around your home or look into your windows. Exceptions exist if there is an immediate threat or if they have probable cause to believe a crime is being committed.

In your situation, since there are no specific laws regarding cats in your state, their actions might not have been justified. It’s important to document everything, as you’ve done with your security cameras. This evidence can support your case if you decide to file a complaint or seek legal advice.

You may want to consult with a legal professional to understand your rights better and explore any actions you can take. Additionally, contacting your local law enforcement oversight body can help address any concerns about how the officers handled the situation. Protecting your privacy and property rights is important, and you have the right to seek clarification and assistance.

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