BOULDER, Colo.—Boulder police say they have a right to enter unsecured homes if residents leave an open door, which is a surprise to local residents.
Boulder police Sgt. Michael Everett said entering unsecured residences is a standard procedure for most law enforcement agencies, including Boulder police, and the practice is not likely to stop.
“There are many reasons for checking residences that are left open,” Everett explained, according to the Boulder Daily Camera ( ). “They include in-progress crimes and injured parties inside. There are situations which create a duty for officers to enter and check residences. Failure to do so creates liability for that officer and agency.”
Denise Maes, public policy director for the American Civil Liberties Union, said Monday police need a warrant to enter a home, and leaving a door open is irrelevant. She said authorities who arbitrarily enter a home are violating of the U.S. Constitution.
“That is appalling. They clearly need a warrant. That’s ridiculous,” she said.
Chrissy Smiley called police to complain after she returned to her south Boulder condominium after walking her dogs Thursday and found a card from a police officer sitting on her dining room table letting her know he had been there.
Smiley said she called the officer back to ask why he had entered her home without her permission.
“He was very nice. He said he had come back to follow up on another officer who had been there for something, and he felt he had probable cause to make sure that I was safe,” Smiley said.
She said she found the officer’s explanation unsettling.
“I have nothing to hide. My house is really clean, there are no bongs lying around. It’s just creepy that someone would come in when I am not there.”
Smiley said she routinely leaves her sliding glass door open when she leaves the house for short amounts of time. To access it a person must open a latching gate and go up some stairs to reach an elevated deck where the door is located.
“Maybe it is uncommon to leave your door open, but whatever, it doesn’t invite them in,” she said. “On the off chance that I am being murdered or held hostage, I’d rather take my chances with that, than know that a cop can just come into my house if my door is open.”
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Information from: Daily Camera,
