According to the video, a minor answered the door after the deputy rang the bell. Captions in the video say the minor closed the door after seeing the deputy, only for the deputy to open the door and let himself in.
After Shirey points at the deputy, he grabs her and pulls her onto the front porch before putting her in handcuffs. The Sheriff’s Department says she was ultimately booked into the Cois Byrd Detention Center for resisting arrest and contributing to the delinquency of a minor.
“This incident occurred over a month before being posted to social media and only days before the arraignment of the individual arrested for delaying/obstructing an investigation and contributing to the delinquency of minors,” the Sheriff’s Office said in a statement.
All body-worn camera footage has been obtained, and the Sheriff’s Office says it will conduct a thorough investigation to determine if discipline is warranted.
What the fuck? They can just… do that? Literally some third world countries are better at protecting their citizens than this (not mine though).
So ymmv and I am NAL, but under case law there is what is known as the “Payton Threshold” so named after Payton v. New York, 445 U.S. 573 (1980) (which while applying nationwide, the details vary by jurisdiction). The generally accepted rules, iirc, is that once a police officer is allowed into a home (even by only an inch) they are essentially free to detain anyone in the home and a perform a limited search (generally of anything in plain sight and/or in grab-able distance to the arrestee). Based on the circumstances, I am assuming this is what the sheriff was trying to reference by saying once he’s through that door he has more power.
Except he gained entry illegally without a warrant, probable cause (from the sound of it), or consent.
Any lawyer should be able to get the case thrown out. But consequences for abuse of authority are far more elusive.
I doubt it is that simple, especially as noted the sheriff said the child ran from him, that triggers two things, whether it was exigent circumstance (child was in danger, he ran after them) or that the actual running gave probable cause to believe they were an elusive suspect. Both things have been upheld, but they would probably go with the first because its a child, and well “won’t somebody please think of the children!.” This may be alot of things but an easy dismissal it would not be.
The child WAS in danger, as made evident by the illegal forced every into their home.
I am not saying you are wrong, just legally the cop could make the argument for Exigent circumstances and easily win.
This is why it’s suggested to talk to them through the door, on a door camera, or through a window.
Basically treat them like vampires. If you value your blood staying inside your body, never invite them inside.