Updated: Friday July 23, 2021 5:47 PM
Posted: 07/23/2021 5:45 PM
You probably remember the scene. It happened last March, when a police patrol congratulated a homeowner for opening the door to his house. We know they’re inside, we’ve listened to the music and the laughter, they argue.
The resident, a British citizen, does not speak Spanish. A friend intercedes and they refuse to open without a warrant. The police warn and threaten: either they open the door, or they break it down by force.
Threat accomplished. The inhabitant of the apartment complained and the court admitted it. Now the possible commission of a burglary crime is under investigation. The six agents must declare themselves as investigated and could disqualify them.
The inviolability of the home
According to our current legislative framework, and based on article 18 of the Constitution, which declares that houses are inviolable, there are only 3 reasons why the Police can enter a house.
One, the most common, because they have a judicial authorization; two, because they have the consent of the resident of the house, and three, because a serious crime is committed inside.
But illegal parties with COVID-19 restrictions are not, according to most experts, rebutting the thesis of the lawyer leading the prosecution. Rather, it is administrative misconduct. And a rental house is a house, like an RV or a hotel room.
Party in a tourist apartment rented seasonally
The facts occurred in the early morning of March 21, in a tourist apartment but under a seasonal rental regime on Lagasca Street, in the Salamanca district. At around 1 a.m., officers arrived at the scene, where a young woman refused to open the door, as shown in the video accompanying these lines.
The girl argued that officers could not enter the house without a warrant and asked for their identification number. The police, for their part, warned on the other side of the door that, if it was not opened, she would enter “by force”.
Eventually, the agents followed through on their threat by slamming the door with a ram. An intervention that the police report justifies by an offense of serious disobedience and resistance to the authority of young people, sanctioned by the guard judge. But now, given the process, it looks like they’re going to turn on them.