Boulder residents who intentionally leave their doors open, may unintentionally be inviting a Boulder police officer in for a visit.
Chrissy Smiley learned this fact in surprising fashion on Thursday afternoon when she returned to her south Boulder condo after a 40-minute walk with her dogs to find a card from a Boulder police officer sitting on her dining room table.
Disturbed by the discovery, Smiley said she quickly 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, adding the she found the officer’s explanation unsettling.
“I have nothing to hide. My house is really clean, there are not bongs lying around. It’s just creepy that someone would come in when I am not there.”
Smiley, a Boulder resident for 28 years, 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, go up some stairs to reach an elevated deck where the door is located.
Smiley said she never uses her front door, which also opens onto the deck, but that entrance to her condo is always locked.
She said the sliding glass door does not have a screen that can be closed when the main door is open.
To access the dining room, Smiley said, the officer would have had to enter through the door and walk through her kitchen.
“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.”
Smiley took up the issue Boulder police Sgt. Michael Everett, who in an email response to her inquiry, explained that entering unsecured residences is standard operating procedure for most law enforcement agencies, including, Boulder police, and one that is not likely to stop.
“There are many reasons for checking residences that are left open,” Everett wrote in his response. “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.”
He added that the practice is backed by sound legal reasoning and is consistent with best practices for law enforcement agencies.
Boulder police spokeswoman Laurie Ogden supported Everett’s statements.
She noted that the officer was visiting Smiley’s home to follow up on another officer’s attempt to serve her a summons for a dog off leash violation and failure to remove animal excrement.
Smiley, who said she did not see the other officer’s card which was left on her front door, did not respond to that officer’s request for contact, before the second officer made his visit.
Sgt. Jim MacPherson said Boulder police have dealt with Smiley on a number of issues and she is usually not cooperative.
He said that even if Smiley had a closed screen door, the officer might have had a reasonable suspicion that something was amiss that would have spurred him to enter the home.
The situation is more commonly encountered in higher traffic, higher crime areas like University Hill, where residents sometimes leave their doors open late at night, raising the suspicions of neighbors who then call police to perform a welfare check, MacPherson said.
He said the decision to enter an unsecured residence is not one made lightly, and is based on variables such as if the officer observes mail piled up by a door or sees someone inside who appears to be in physical distress.
“We absolutely do not do these things on a whim,” MacPherson said. “We always knock and announce before entering.”
Smiley said she is not satisfied with the department’s explanation of this policy and sees it as a violation of her civil rights.
“If anyone sets and toe in my house I am going to call a lawyer next time,” she said. “That is not OK.”
Contact Camera Staff Writer Joe Rubino at 303-473-1328 or rubinoj@dailycamera.com.
…so they are telling lies….they stated at first that they entered her home to insure her safety.. when in reality…they were trying to serve her with a warrant….I would find that SoB, his boss…their spokes-person..and I’d sue the crap out of them…
Regards,
RJ O’Guillory
Author-
Webster Groves-the Life of an Insane Family
The officer forgot to mention that he went through her pantie drawer, grabbed himself a souvenir from said drawer, tried on a bra or two, looked in her closets for drugs or any guns and ammo to steal. Helped himself to a soda from her fridge and then planted some “evidence” before he left his card and exited the premises. Oh and hes going to sue her for the paper cut injury he sustained when placing his card on the table.
!!!!!!!!!!!!!!!!!!!
Fantastic, I am at loss for words!!!!!!!!!!!!!!
Great scenario, Tammy. I’m also thinking he probably planted some ecstasy in her underwear and bra, so he could come back later and blackmail her for a sexual favor. These bastards will do anything for attention.
“Chrissy Smiley learned this fact in surprising fashion on Thursday afternoon when she returned to her south Boulder condo after a 40-minute walk with her dogs to find a card from a Boulder police officer sitting on her dining room table. ”
Aww…I hope it was a Hallmark card. I mean after all, they were so thoughtful they wanted to send their very best.
So now these bastards can just come into your home and leave a card and it’s perfectly legal? Wow. So that constitutes as probable cause these days, too?
On the other hand, it was stupid for this lady to leave her damn door wide open.
You have Stupidity versus Big Brother. Who do you go for?
isn’t there something illegal about this?? I am stunned actually, have been violated w someone in my home w/o me there. It is a terrible feeling emotionally.
I do not think that it is stupid for her to leave her front or back door open. It Is called trust ya know man. I do no trust very many people but I never lock my doors. Most people do think that I am not dumb, they just think that I just trust too many people and that is what I would want for this country we live in. I want to trust my neighbors even if I do not know them. If I have to lock my doors I should just live in some scum bag foreign country.
You live in the country, digger. 🙂 You’re lucky. 🙂
Even in smalls towns, unfortunately, leaving your door open is “just asking for it.” Last month, while we were in Tx, the guy who lives across the street from Mom’s house, told us that he forgot to lock his the doors of his pickup one night after work(parked in his driveway) and found himself robbed in the morning. In LA, my 1st hubby was taking a mid-day nap when an intruder came through the sliding glass patio door, that was left semi-open. Tx boy heard the glass slide, saw a shadow go past the bedroom door (also cracked), got his grand dad’s pump shotgun, gave it a pump… next, he heard Running and all he saw was the indoor palm tree by the patio door swaying. LOL He learned real quick to secure his doors. 🙂
Ya know Angel, what make America great is when we can trust a stranger, at least that is how I like to think anyway. I have been betrayed many time being ripped off but I still do not lock my doors. Yea, when some one betrays trust they got every thing they got comin` to them when they get caught – and I don`t mean getting caught by the cops, if ya know what I mean. I like to trust people, maybe that is why I live with so little possessions but still got a lot 🙂 . Our country is going to hell with the mis trust of people. We all got to start acting like we want to be trusting if wwe all want to be trusted. 🙂 If somebody breaks into your house or tries to steal from you, then blow them pos away if ya can and if ya cannot do that then they can pay for their underhanded dirty deads breaking into your house. Yea I do live in the country, but I also use to live in some realy bad assed parts of some bad towns – Inkser, Mi to be exact back in the early 80`s when it was the murder capital U.S.A. Yep I was the only white boy amongst only blacks, mexicans, and Indians and I could trust them guys, kind of freaky though 🙂 if ya know what I mean. I was only there for about 6 or 7 months but I was lucky to last a day. Yep I was called Gheby, ie. the talking ghost.
I’m with you.
Yep Angel, true story. I think that trust is everything. I realy do think that, but there have been people sayin` that I am crazy for not lockin` my doors or takein the keys out of my car. Hell, they think I am crazy, they aught not get caught then. The last time I got ripped off they killed my best freind – Benno – my rottweilleir, he was my best freind and they killed him and I am still lookin` for the bastards. I have heard that the one that did that left town and nobody seems to know where he is – they call the F`er, Big Mike! but I think somebody was trying to set him up cause I don`t like Big Mike. I don`t think Big Mike is stupid enough to rip me off to tell ya the truth but the truth will come out in the long run though, Then I will get what his due is comming to the theif and I will do it in the name of Benno – my good freind!!! so beware whoever killed my dog cause I am still lookin to get ya.
There is nothing stupid about not locking your door. I do not lock mine and have rarely ever done so, even when I lived in the city. She should be thankful that he didn’t trip over her hall rug and break his arm as she would definitely be sued.
LOL…you’re So right. 🙂
I used to laugh at what I thought where stupid and litigious Americans. We were only a decade or two behind you. We have our own crop of stupid and litigious Australians now. Whatever it is that is breaking modern people’s brains it’s here in AU too.
I swear that I can watch people getting dumber and dumber. It’s quite extraordinary.
We have the right to remain stupid. Surely? Otherwise we can be booked on suspicion of being about to facilitate a crime against ourselves. Next some jobsworth will book us for dressing well because we just invite muggers.
if i booby(cop) trap my door and post a sign saying “anyone whom enters without prior written consent of resident WILL be shot” and they enter and get shot what then?
Its this reason I train all my dogs to attack police looking persons. And if they kill my dog in my house I shall find where they live and return the favor. Now im not for hurting animals but im not above shitting in their milk jug. I promise to release the underage sex slave they have tied up in the basement.
Hey nottoobitter, there was a guy here in WI that “booby-trapped” the door in his cabin up north because of numerous break ins. He had rigged a 12 gauge to go off and it did injure someone and the DA threw the book at him. I can’t remember how much time the guy got but the cops weren’t impressed.
I have a sign clearly posted on the front door. It reads: Attention badge wearing criminals or non-badge wearing criminals. Due to the recent ammo shortage no warning shots will be fired. Thank you for understanding and have a nice day 🙂
LOL