# Can an officer go into someone's apt. if there's a no tresspass order?



## Linda (Jul 3, 2010)

I live in an apartment complex. The lady upstairs from me has a boyfriend who's not allowed anywhere on the property. The apartment manager told us if he's seen on the property, to call the police because there's a no tresspass order against him. When an officer knocks on the door and identifies himself, the boyfriend always hides in the bedroom. If I call, would the officer ask if the boyfriend is there, or can they go in and look for him? I called the security guard last night, and told him that the manager said to call the police, and he just told them to turn the music down, and asked if the boyfriend was home. She lied and said no. If the officer can't go into the apartment to get him, then there's no reason for me to call, since she'll just lie anyway. 

Thanks,
Linda


----------



## Eagle13 (Jun 12, 2008)

Just call.


----------



## Guest (Jul 3, 2010)

Try dialing 119 instead.............. It's a much lower number and you will get quicker, more qualified help from your local PD.


----------



## jettsixx (Dec 10, 2005)

If you want an actual answer you will need to provide more details. Right now it just sounds like you are a busy body that has nothing better to do. Warrant,Consent,Exigent circumstances are the only way the police officer is going to check the apartment.


----------



## TPD Lt. (May 12, 2009)

jettsixx said:


> If you want an actual answer you will need to provide more details. Right now it just sounds like you are a busy body that has nothing better to do. Warrant,*Consent*,Exigent circumstances are the only way the police officer is going to check the apartment.


Have the manager set up a camera in front of the apartment door, when the man enters the apartment complex call the police, the manager should be able to give consent needed to go in. And you have the video as evidence.


----------



## 263FPD (Oct 29, 2004)

+1. Misdemeanor. The concerned citizen should be willing to give testimpony in court, and then Police can summons the trespasser.


----------



## SPINMASS (Jan 30, 2004)

Thanks to some not so good case law, no trespass orders do not apply to those that are visiting a friend/relative on the property. they can use common areas for the sole purpose of going to the residence and leaving the residence. They can also be present in the apartment without any issues. See Commonwealth Vs Nelson and Commonwealth vs Richardson.

Now mods please lock this before it spirals way out of hand.


----------



## Guest (Jul 4, 2010)

SPINMASS said:


> Thanks to some not so good case law, no trespass orders do not apply to those that are visiting a friend/relative on the property. they can use common areas for the sole purpose of going to the residence and leaving the residence. They can also be present in the apartment without any issues. See Commonwealth Vs Nelson and Commonwealth vs Richardson.
> 
> Now mods please lock this before it spirals way out of hand.


You beat me to it. I think it was a Boston Housing case that set that right?


----------



## cc3915 (Mar 26, 2004)

Your wishes are my command. Thread closed.


----------

