Therefore, he did not have legal authority to enter the OP's dwelling without the OP's consent, correct?
I'm not a lawyer (I don't even play on one TV), but that would be take on it.
Therefore, he did not have legal authority to enter the OP's dwelling without the OP's consent, correct?
My guess is that, if it was an honest mistake, that would hold the officer harmless for entry, but wouldn't validate any incriminating evidence that he found.
At least that's my "Law & Order" take.
I'm not a lawyer (I don't even play on one TV), but that would be take on it.
There probably was extensive prior notice, it just all went to the other address.Since its an apartment, that might depend on the OP's lease. There probably are rules encoded therein governing access by landlord or his representative. Might be some advance notification requirements but may also be other language governing when lessee is in breach
Since its an apartment, that might depend on the OP's lease. There probably are rules encoded therein governing access by landlord or his representative. Might be some advance notification requirements but may also be other language governing when lessee is in breach
Since its an apartment, that might depend on the OP's lease. There probably are rules encoded therein governing access by landlord or his representative. Might be some advance notification requirements but may also be other language governing when lessee is in breach
is your complex one where all the streets have the same name but different suffixes (drive, way, court, place etc...)?
I also don't think expecting the apartment to have a representative present if they are evicting someone is asking too much.. [FONT=&][/FONT]
I think in this situation we would fall back on the old favorite: Yell "am I being detained" over and over while holding your cell phone in his face videoing him.I thought before they enter, you first have to back up to the door and put your hands through the slot.
Whoops, wrong procedure.
The OP was, as far as we know, not in breach of his lease.
Also: aren't there generally state laws that (partly) govern entry by a lessor into a leased dwelling?
I think you are probably right that there will be some state-specific rules, but following is language from a quick internet search to find rental agreement boilerplate.
20. RIGHT OF ENTRY AND INSPECTION: OWNER may enter, inspect, and/or repair the premises at any time in case of emergency or suspected abandonment. OWNER shall give 24 hours advance notice and may enter for the purpose of showing the premises during normal business hours to prospective renters, buyers, lenders, for smoke alarm inspections, and/or for normal inspections and repairs. OWNER is permitted to make all alterations, repairs and maintenance that in OWNER'S judgment is necessary to perform.
ETA: If this was in effect I bet the owner would be golden and so would the deputy as his duly authorized representative, irregardless of the mistaken address/identity issues
Since we're going to focus on stuff that didn't happen
I think you are probably right that there will be some state-specific rules, but following is language from a quick internet search to find rental agreement boilerplate.
20. RIGHT OF ENTRY AND INSPECTION: OWNER may enter, inspect, and/or repair the premises at any time in case of emergency or suspected abandonment. OWNER shall give 24 hours advance notice and may enter for the purpose of showing the premises during normal business hours to prospective renters, buyers, lenders, for smoke alarm inspections, and/or for normal inspections and repairs. OWNER is permitted to make all alterations, repairs and maintenance that in OWNER'S judgment is necessary to perform.
ETA: If this was in effect I bet the owner would be golden and so would the deputy as his duly authorized representative, irregardless of the mistaken address/identity issues
IANAL
Is there not a requirement to declare service of a warrant of some sort (or equivalent, such as an eviction court order), before forcing entry into someone's dwelling? Shouldn't a police officer, in general, attempt to notify the reason for a compelled interaction?
I believe in karma. I figure if I complained for some little thing like that, he'd be the officer who pulled me over next month for speeding.
I'd write a note to his supervisor, praising the officers handling of a potentially difficult situation.
If he actually came into your place, I would see a major issue. But accidentally knocking on the wrong door shouldn't get him wrote up. Hell, I've made mistakes at work and so have you. We are human, cops included.
OK OK OK, let us clear this up. This was not a Deputy nor an officer, it was a Constable. They dress like a deputy but they are not. They serve at the behest of the small claims court and elected Constable for the township. Indiana law allows them to serve papers and have LE powers but ZERO training. Soooooo, a complaint will have to go to the Township court from where the eviction originated and it does not have to be the same township that the apartment is located. Ask the manager which court they take all their eviction cases to. They are a PITA to deal with since they answer to no one other than the elected Constable. They even drive their own cars but are allowed to have emergency equipment.