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Chrissy Smiley, a Boulder resident for 28 years, learned a valuable lesson on Thursday when she came home from taking her dogs for a walk. Smiley, knowing she would only be gone for a short period of time, left her condo with the sliding glass door open. When Smiley returned home, she found a card from a Boulder police officer sitting on her dining room table. Smiley was disturbed to find out the it is common police policy to enter unsecured residences.
Smiley called the officer almost immediately to find out why he had entered her home. "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," she said. She also mentioned she found the officer's explanation unnerving. "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 explained that she never uses her front door, and that entrance to her condo is always locked. To access the sliding glass door that was left open, the officer who entered her home had to open a latching gate, go upstairs, and access the elevated deck where her door is located. To access the dining room and put his card on the table, the officer had to enter through the sliding glass door and walk through her kitchen.
"Maybe it is uncommon to leave your door open, but whatever, it doesn't invite them in," she stated. "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 emailed the Boulder police over the issue, and interacted with Sgt. Michael Everett. Everett explained to Smiley that it is common practice for law enforcement to enter unsecured residences, one that is not likely to stop. "There are many reasons for checking residences that are left open," Everett wrote. "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."
Smiley stated that she sees this as a violation of her civil rights, and is not satisfied with the explanation she was given by Boulder police. "If anyone sets and toe in my house I am going to call a lawyer next time," she said. "That is not OK."
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