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Amerikan Gulag
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Discussion Starter #1
Ok, the title sounds worse than it really is, but it's what happened.

My wife and I are still living in an apartment, although we just bought a house in Evans, we have yet to close on the deal. I heard some thuds and noises at 3:14AM this morning, grabbed the SP2022 and my LED flashlight and proceeded out of my closed bedroom door with it drawn, finger off the trigger with the flashlight under my strong hand.

Upon opening the door, I had a slight glimpse at two people standing by my door. The kitchen light was on but the living room light was not, and I quickly had a flashlight in my face.

The officer did not draw his weapon, nor did he have any issue with the firearm being pointed at him. He identified himself as a Richmond County Sheriff and I lowered the weapon and put it down, along with the flashlight.

No further mention of the weapon, or of pointing it at the officer, albeit unintentionally...I was assuming a gang-banger had broken into my apartment (even though it has a steel door, dead bolt and the lock-bar you see at hotels). I was not in the intentions of shooting anyone, but my daughters room is directly down the hall from the front door and protecting her safety and ascertaining what the problem was my top priority, I was not looking for problems or trying to "engage" anyone, just defending myself and my family.

Turns out the water line on my ice maker had busted on the brand new fridge that came with my apartment, and was flooding the people downstairs apartment. The other person in my apartment was the maintenance worker who I know.

I am glad we didn't have any issues over the firearm, however, there was no call placed to my or my wifes cell phones or home phones. There was no knock at the door (they even admitted this).

They simply unlocked the door, tried to open it, the bar was across so they could not enter, so they cut it with bolt cutters. This was what I heard.

Glad everyone is safe and secure.
 

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I watch the watchers
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I don't think "exigent circumstances" applies in this case.

They cut the metal door bar, but didn't enter, or didn't have the opportunity to before you answered the door?

I get the feeling that the reason there was no mention of your firearm and the admission of their failure to knock was an attempt to make sure an unhappy citizen didn't call their bosses and raise a complaint. Realization that one has screwed up often has a tendency to try to placate feelings.
 

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Amerikan Gulag
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Discussion Starter #4
To clarify, the maintenance worker had a key, and also has permission to enter do to "maintenance emergencies", it's a clause I read about in the lease.

However, they have to make an attempt to notify you they are entering, ie- knocking at the door, which was not made. My daughter was asleep 10 feet away and her door was open, she awakens at the slightest noise, and she was still asleep, not to mention they admitted to not knocking on the door when I asked.

The LEO was accompanying the maintenance worker, which is standard practice after hours.

So a Officer broke into your home because you had a water leak?
The leak had been going on for quite some time, my kitchen was not flooded when I went to sleep (around 9pm - I have to be at work very early), and when they entered the apartment my kitchen had over an inch of water and they said the people below me were flooded quite worse.
 

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I would think that cutting the bar across the door and entering your home amounted to breaking and entering. However, you showed a great deal of restraint and a high degree of clear thinking in a time of great stress. I'm just glad it ended as it did, and that we aren't reading a new thread about a tragic shooting in an apartment complex involving a case of mistaken identity.

I've been a member here only a couple of months, but some of the stories I've read leave me shaking my head or staring into space for a while. This is one of them.
 

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That sounds like some BS right there, I'd be making a complaint for sure. When they had to cut through a bar locking the door from the inside, they damn well knew someone was home and should have started knocking and yelling if they wanted to gain entrance. In the case of more of us than not, I'd bet there'd be a couple corpses on our floors if that happened to us.

I'd be filing a complaint with both the apartment complex and the police/sheriff in question. One more reason I'm glad I'm done with apartment living.
 

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Could the maintenance guy not have simply cut off the water to your apartment to stop the water and then notified you about the problem once you realized that you had no water?
 

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Owl said:
in our home. most likely, we would consider them intruders.
Without my permission and knowledge, they are no doubt intruders. Just because they carry a badge does not mean they are lawfully in your home.
 

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There are way too many valuables in my home(kids, wife, pets). Someone comes in my house in the middle of the night, they will be on the floor.

Glad you didn't kill these idiots! :righton:
 

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i can't say what i'd do in that situation, but maintenance came in once in the morning with no knock to my apartment and the dogs went basaltic and the guy ended up with a glock 23 in his face. he made sure everyone calls ahead of time and knocks and waits for quite awhile before entering our apartment now
 

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I would be careful about writing/discussing/telling people that you pointed a firearm at someone (especially a deputy). It could be attempted to charge for pointing a firearm at another or agg. assault.
 

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GAGunOwner said:
I would be careful about writing/discussing/telling people that you pointed a firearm at someone (especially a deputy). It could be attempted to charge for pointing a firearm at another or agg. assault.
Not when it is someone breaking into YOUR home at 3 in the morning, dude... :roll:
 

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asbrand said:
GAGunOwner said:
I would be careful about writing/discussing/telling people that you pointed a firearm at someone (especially a deputy). It could be attempted to charge for pointing a firearm at another or agg. assault.
Not when it is someone breaking into YOUR home at 3 in the morning, dude... :roll:
I know this and you know this BUT you also probably could see that an anti-gun prosecutor could try to make a life a living hades by using the words of someone as a basis for charges. After all, he confessed to pointing a loaded gun at a sheriff's deputy (even though "we" know it was probably justified) and there was a witness.
 

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Read this post to see if it applies: viewtopic.php?p=670023#p670023
Housing authority director could not consent to a police entry for "health and safety" reasons, even if the lease permitted it. Bowden v. State, 2010 Ga. App. LEXIS 667 (July 8, 2010):
The state nonetheless contends that the director's consent was authorized by the terms of the tenant's lease, which allegedly provided that the director could enter the premises in the event of a threat to the health and safety of the residents or the property. First, we note that a copy of the lease was not tendered into evidence in the trial court and is not contained in the appellate record, so the state has failed to meet its burden on this front. See OCGA § 17-5-30(b); Welchel v. State, 255 Ga. App. 556, 558 (565 SE2d 870) (2002) (the state bears the "heavy burden" of proving circumstances that justify a warrantless entry into a home). But regardless, we reject the state's argument that the limited right of entry allegedly contained in the lease amounted to a waiver of any expectation of privacy as to all entries into the leased premises. See Arnold, 237 Ga. App. at 859 (1). The record is devoid of any evidence that the fugitive was a dangerous individual, or that the officer's failure to immediately locate and arrest the fugitive posed a threat to the health and safety of the residents or the property. See Looney, 293 Ga. App. at 641. And contrary to the state's argument, it is irrelevant whether the officer believed in good faith that the director possessed the power to consent to the search. See Oliver, 183 Ga. App. at 93 ("[T]he fact that the officers believed in good faith that [a landlord] had authority to consent to their search [does not] make their search and seizure without a warrant lawful."). See also Looney, 293 Ga. App. at 642.
I think the Richmond Co Sheriff's Office deserves a letter expressing your discontent, as well as the leasing office and the property owner. Had the situation gone sour you'd most likely have the law on your side.
 

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Night time entry, no knock !

good grief
don't people have any sense ?
 

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martin_j001 said:
Owl said:
in our home. most likely, we would consider them intruders.
Without my permission and knowledge, they are no doubt intruders. Just because they carry a badge does not mean they are lawfully in your home.
The employee of the Apartment complex entered his apartment, and according to the OP, the lease states they can do so. The Officer was there out of Operating Procedures that the apartment complex had. The fact that the Officer carries a badge means nothing in this scenario. :roll:
 

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I'm thinking that the leasing office and property owner are the culprits in all of this. The officer was only there because he was called to provide the agents with liability protection. He was only doing what was right as far as he knew.

ETA: Nobody should have been entering your place, for any reason, without knocking!!!
 
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