INGO I Need Helping Filing a Complaint

[mom45]

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.

 

[chipbennett]

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.

SCOTUS seems to agree with you, that "honest mistakes" don't poison the tree:

https://en.wikipedia.org/wiki/Heien_v._North_Carolina

 

[BugI02]

I'm not a lawyer (I don't even play on one TV), but that would be take on it.

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

 

[Expat]

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

There probably was extensive prior notice, it just all went to the other address.

 

[chipbennett]

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

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?

 

[mom45]

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

But would that apply if the guy who actually lived in this apartment was up to date on his rent and not in breach of his contract in any way?

I could see this going very badly if he had been in the shower or something and not heard the officer knock or enter the apartment. Knocking once could easily not be heard if there is other noise that might block the sound of the knocking. If it were a police officer, shouldn't they call out and identify themselves or something?

 

[BigBoxaJunk]

If that ever happened at our house, I'd get the last laugh because it would take 20 people all day long to carry out our stuff and it would take three trucks to hold it all.

Then, when we got it straightened out, I could take back the stuff I really want, and they could keep probably one truck full of junk that I've been meaning to get rid of anyway.

 

[spec4]

First of all, if the deputy's job is to serve notices he should be able to damn well ascertain he is at the right address. In my younger years I was a bill collector and had to go into some rough areas. Never once did I knock on the wrong door. Also seems like the deputy had a little bit of attitude going. As mentioned earlier, the apartment management should have accompanied the officer. I see lots of fail here and would be quite pissed had it happened to me.

 

[alexanjl12]

is your complex one where all the streets have the same name but different suffixes (drive, way, court, place etc...)?

Nope, I dont live in the one you are thinking of. I am over in Deercross

 

[alexanjl12]

I also don't think expecting the apartment to have a representative present if they are evicting someone is asking too much.. [FONT=&amp][/FONT]

I was kind of surprised they didnt have someone from the complex there as well. It was just the deputy and the moving company. I asked the apartment management about that, and they said had never had this issue before so it never occurred to them.

 

[chubbs]

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.

 

[Dead Duck]

I thought before they enter, you first have to back up to the door and put your hands through the slot.



Whoops, wrong procedure.

 

[Expat]

I thought before they enter, you first have to back up to the door and put your hands through the slot.



Whoops, wrong procedure.

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.

 

[BugI02]

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

 

[mom45]

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

It doesn't say duly authorized representative though. It says the owner.

 

[Kirk Freeman]

Since we're going to focus on stuff that didn't happen

I like the cut of your jib. You're going to work out at INGO just fine afterall.

 

[chezuki]

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

Irregardless indeed.

 

[Denny347]

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.

 

[hoosierdoc]

Wow, didn't know constable was a thing. Thanks Denny

and OP, perhaps you would have had a minor inconvenience and a big lawsuit. Maybe you should have gone to work today.

follow-up: were you actually sick?

 

[hopper68]

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.

Denny dennyed the thread. How can we go on LEO bashing if the guy was not a full fledged LEO. Oh wait, this in INGO, bash away.