[fed up]

Was taking a well earned painting break on the balcony of my apartment tonight and turned around to find 3 men in my living room. Two police and the security guard for my apartment block. They were looking for someone who had formally lived in my apartment (it has been vacant for 9 months and I have owned it for 6). The front door was unlocked so they just let themselves in. I had a calling card from them on Sat night and had called the station on Sunday to explain the circumstances. Yet they still made an unauthorised entry and had previously gone through my mail box. WTF I feel a bit violated. I am about to rent the place to a single young mum exec from Europe. How would she have felt if the same had happened to her?

[Mr Medved]

fed up, on 21 November 2011 - 02:29 PM, said:

Was taking a well earned painting break on the balcony of my apartment tonight and turned around to find 3 men in my living room. Two police and the security guard for my apartment block. They were looking for someone who had formally lived in my apartment (it has been vacant for 9 months and I have owned it for 6). The front door was unlocked so they just let themselves in. I had a calling card from them on Sat night and had called the station on Sunday to explain the circumstances. Yet they still made an unauthorised entry and had previously gone through my mail box. WTF I feel a bit violated. I am about to rent the place to a single young mum exec from Europe. How would she have felt if the same had happened to her?

I had a similar but worse experience living abroad a few years ago. Not fun.

Just to be clear - did you accept their request to visit? It sounds like you may be able to charge them with trespass. There are very limited justifiable reasons for trespass, but they vary from state to state. If they had no valid warrant (with court seal, obtained with sworn affidavit, etc.) then it may be very naughty of them to drop by like that.

I suggest a terse letter to management of the security company may stop anyone from doing the same while it is being rented. You may also wish to re-read your contract with them.

[ummester]

If they had a warrant there isn't much you can do.

From memory of my copper times the simple rule was - you can keep chasing a suspect just about anywhere if in 'hot pursuit'. Ie, if an arrestable crime has just been committed and you are directly pursuing the suspect you can enter their house or anyone else's to catch them.

Not in hot pursuit and a warrant is generally required. Different crimes fall under differect legal acts and different acts have different warrant clauses. Some warrants (drug related from memory) allow police to keep searching a given premises over a prescribed period - so you can keep popping in wether the suspect is home or not for 6 months or something to try and find those drugs. Some warrants are one offs.

Just ask the police if they were serving a warrant or not. If they weren't, asked them what legal right they had to be in your place. If they were, ask if it was for you. If it isn't for you, tell them the owner has moved on and their warrnt is null and void.

[fed up]

I don't think they had a warrant otherwise they would have presented it.

I really don't understand why they keep visiting as I have sent several letters back to them saying no longer at this address, and I have called them to explain we have recently bought the property. If they were in doubt why didn't they do a title search or a realestate.com search to confirm? Had they done that and googled the wanted man and the vendor they would have found a match. It took me a few minutes to find out this guy is the sales manager for a listed company who was the vendor. Perhaps I should apply for a job!

[ummester]

fed up, on 22 November 2011 - 12:21 AM, said:

I don't think they had a warrant otherwise they would have presented it.

I really don't understand why they keep visiting as I have sent several letters back to them saying no longer at this address, and I have called them to explain we have recently bought the property. If they were in doubt why didn't they do a title search or a realestate.com search to confirm? Had they done that and googled the wanted man and the vendor they would have found a match. It took me a few minutes to find out this guy is the sales manager for a listed company who was the vendor. Perhaps I should apply for a job!

Not all warrants have to be presented (again from memory). Some just have to be legally signed by a magistrate and the reasons can be secured by the police. It all depends on the act, like I mentioned before. I'm pretty sure if they have a warrant they do have to disclose what act it was issued under.

Personally, I'd want to get to the bottom of it. Obviously the police can't disclose an ongoing investigation re someone else to you but it could have something to do with the property? I don't know but it all sounds sus to me. You brought a place from a wanted man who owned the company that sold it to you - that's how it's all reading.

Do they ask you any questions?

Perhaps the whole apartment block is in question.

I'd start with the security guard and threaten that you are going to assert your legal rights via his company if he doesn't let you know what's going on. Wether you know your rights or not is immaterial when it comes to security as most of them have none and know nothing:) Start nice though.

[Mr Medved]

ummester, on 22 November 2011 - 01:04 AM, said:

I'd start with the security guard and threaten that you are going to assert your legal rights via his company if he doesn't let you know what's going on. Wether you know your rights or not is immaterial when it comes to security as most of them have none and know nothing:) Start nice though.

Try a term like "vicarious liability for common law trespass"... if you could be bothered you could quote a couple of High Court cases (i.e., HCA 2011 123 tor v. the_claw) but I'd re-read the contract with the security company first as there may be a clause that providing your consent for such action. Contract makes the law!

[Ruffian]

I've had a similar experience twice, once here and once in the States.
Both times they were looking for the previous tenants of the premises I had recently moved into. (Sure can pick them, huh?) In one case they had quietly stationed men around the known exits to the property as well.

Frankly who gives a sh*t what your legal rights are.
Let sleeping dogs lie - the local cops now know that the premises have been re-occupied by someone unrelated to their person of interest, and it is very unlikely they will turn up again. If you pursue it, it's the sort of situation where the best you can expect is a moral victory with no substantive outcome, and the worst could be a very uncomfortable relationship with the local constabulary.

Yes, it's aggravating, yes, you are most probably in the right, but no, I wouldn't take it any further.

[Easy Tiger]

Ruffian, on 22 November 2011 - 04:13 AM, said:

I've had a similar experience twice, once here and once in the States.
Both times they were looking for the previous tenants of the premises I had recently moved into. (Sure can pick them, huh?) In one case they had quietly stationed men around the known exits to the property as well.

Frankly who gives a sh*t what your legal rights are.
Let sleeping dogs lie - the local cops now know that the premises have been re-occupied by someone unrelated to their person of interest, and it is very unlikely they will turn up again. If you pursue it, it's the sort of situation where the best you can expect is a moral victory with no substantive outcome, and the worst could be a very uncomfortable relationship with the local constabulary.

Yes, it's aggravating, yes, you are most probably in the right, but no, I wouldn't take it any further.

^^ This ^^

[zaph]

Easy Tiger, on 22 November 2011 - 04:45 AM, said:

^^ This ^^

+1

i don't think it's wise to take on the cops unless it's a huge issue. particularly in Queensland, at best your likely to get a rubber gloving.

[wim]

zaph, on 22 November 2011 - 06:59 AM, said:

+1

i don't think it's wise to take on the cops unless it's a huge issue. particularly in Queensland, at best your likely to get a rubber gloving.

There is something truly confronting about that noun being made into a verb.

[ummester]

zaph, on 22 November 2011 - 06:59 AM, said:

+1

i don't think it's wise to take on the cops unless it's a huge issue. particularly in Queensland, at best your likely to get a rubber gloving.

I miss seeing the look in a prisoners eye when you twang those things in place:)