Police Officer Walks Into Couple’s Home to Use Their Fan. Then Claims the Garage Was ‘Open to the Public’ After Getting Accused of Trespassing
He claimed it was because of the heat.
A lone police officer allegedly walked into a Texas couple’s home to use a fan stored in their garage on what appeared to be a hot day. But when the couple found him, they accused the officer of trespassing on their property and infringing on their Fourth Amendment rights.
The incident was shared by Masha (@masha_andthetruth) in multiple videos on TikTok, which have accumulated over 2.2 million views in total. According to her videos, the incident happened on Aug. 24 in Montgomery, Texas, when the officer, whom she identified as Sgt. David Weis, arrived at their home.
Masha stepped out of their home and allegedly found Weis already in their garage. Upon seeing the couple, Weis claimed that he was just standing by the fan the couple kept in the garage because he was “old” and “can’t get too hot.” At the time of the incident, the temperature was around 94°F to 95°F.
The officer says he was trying to cool off from the heat
Despite Weis’ explanation, Masha repeatedly asked the officer why he was in their garage. “I just told you, I was standing by the fan to cool off,” Weis told the couple.
Masha claimed that their home had a “no trespass” sign displayed, but Weis simply argued that he was a police officer and that he was on “official county duty.” The officer can also be seen holding several papers; however, he did not clarify what the specific “duty” was to the couple.
Weis later claimed that the couple’s garage was “open to the public” because their garage was not closed or blocked by anything. Masha denied Weis’ claims and told him that their constitutional rights, specifically the Fourth Amendment, were violated because of his trespassing.
“Why are you in our garage without a warrant?” Masha asked. She seemingly tried to make the officer understand their situation by asking him if he would feel okay with them entering his home without permission. “I just didn’t want to pass out on your porch,” Weis responded.
Before leaving the residence, Weis apologized to the couple for having offended them with his actions. “I’m sorry if I offended in any way,” Weis said. “I was just out here doing my job today. Okay. Thank you all very much.”
Police need a warrant to enter your home
Viewers were left divided by the incident. On the one hand, viewers agreed that the officer was trespassing on their property and alleged that he was snooping around. “Get a lawyer, this may seem small but it’s a violation of civil rights,” a commenter wrote. “Yeah, that guy was searching without a warrant,” another said.
Others were a bit more sympathetic and criticized the couple for making the officer leave when he was seemingly trying to rest from the heat. “D*** you guys are horrible. He was just cooling off for a second,” one comment said. Another wrote, “Soooo we’re all team Cop…right?”
Some claimed that the officer’s unconcerned reaction to allegedly trespassing was a cause for concern. “That is a very dangerous cop right there. Right away he is telling you that laws don’t apply to him when he’s in uniform,” a commenter said. A viewer who claimed to be an officer weighed in on the issue, saying, “As a cop, hes 100% in the wrong here and gives us good cops a bad name. im sorry he did that to you. That is wrong on so many levels.”
According to Texas Law Hawk, police are not allowed to simply enter a home just because the door is open, especially without probable cause. A warrant signed by a judge is needed before officers can enter private property and conduct any searches, a right that is protected under the Fourth Amendment. Citizens are also not required to open their doors or speak to police if they don’t have a warrant.
There are circumstances that can overrule the need for a warrant to be able to enter a property, such as giving explicit consent. Police can also enter a property under exigent circumstances. This pertains to medical emergencies, immediate dangers, and preventing the destruction of contraband or evidence. In a separate incident, a police officer was put on administrative leave after entering a woman’s home without a warrant.
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