The door was unlocked, not open. What bothers me is that the fire capt and myself went thru the back gate figuring the cop was following. He chose not to come with us and enter without telling me or asking permission to enter my home. There was no reason whatsoever for him to enter my home as the problem was the outside fireplace in the backyard. That was the reason they were there...my neighbors don't want me to have my fireplace which we use on cooler nights to warm up after using the pool. Had the cop asked I would have said comon in, I have nothing to hide. He was a sneak. Now if he had found something in my home and had no warrant to search what would have happened? Besides me getting arrested? I feel he abused his position as being in law enforcement to come uninvited into my home.
If he entered without a warrant or probable cause, it is likely a good lawyer would successfully argue that anything discovered was inadmissible evidence. I wouldn't count on that course of events every time.