Search warrant?

Question

Is it true that in the state of Illinois, police need a search warrant to search a person's house and without it, will the police get in trouble?

Answer 1

Former police officer/current attorney...

Don't listen to these ignorant people...except viperroadster...he made the most sense.

Usually a warrant is required to enter a private residence. However, there are exceptions...these are called "Exigent circumstances" and can range from an emergency to stopping the destruction of evidence. There are numerous exigent circumstances.

"Probable cause" is required to enter the residence. The police usually must go before a Judge and obtain a search warrant based upon Probale Cause. However, if they have Exigent Circumstances they can enter without a warrant.

The police can also come to your door, and ask for permission to enter and search. You may say no, and they should leave. You may also say yes, and let them search. However, you may limit their search, or cancel your consent at anytime.

As far as the "Bush did away with the Search Warrant requirement" argument...read the actual case...don't believe your friends or the liberal press...it amazes me that people post answers yet have no idea what they are talking about...idiots...

http://caselaw.lp.findlaw.com/cgi-bin/getcase.pl?court=US&navby=case&vol=000&invol=04-1360

Answer 2

so, far all the anwers you have are completely wrong. the only answer you have gotten that is close is that the cops need probably cause, which is somewhat true. There are at least two other reasons why the police can search your house without a warrant.

1. the first one is called search incident to lawful arrest. in this situation, if a person was arrested at their house for any reason (maybe the police are responding to the call of domestic violence, just an example). If an arrest is made inside that house, the police can search the house by what is called "search incident to lawful arrest." this usually applies though only to an area that was within reach of the person being arrested, while he was being arrested. Example: someone is arrested in the living room, only the living room and maybe connecting room can be searched. But, not any rooms on the other side of the house.

2. this one is called "plain View". if a police officer is walking or driving by your house and sees something through your windows that demands attention (marijuana growing in the window or something) then he can knock on the door and search. when it comes to the plain view search. A good cop will get a search warrant even though they dont need one, this would just cover their ***.

3. this once is called "exegent circumstances". If the police were driving or walking by and saw something that alerted them to some kind of danger, ex: smoke comming fromthe house, someone screaming, etc. then that is also a valid reason to enter a house without permission or warrant. However, in this instant they can nessecarily search your house though. What they can do, is notice any illegel pariphinalia (anything they notice that is illegal), then they would need to go back and obtain a search warrant to grab the stuff.

They can in all instances keep you out of your house and secure the residence until they have obtained the search warrant. Understand, any good cop would need a very good reason to enter your house and search it. So i am not by any means giving an excuse for whatever happened to you. You need to ask why they searched your residence. Did you give them permission.

One other thing they can do is what is called a "knock and talk". All they do is come to your door and start talking to you. Eventually they ask if they can step inside (or if you just invite them in) Anything in their plane view is admissible in court. You invited them into your home or let them inside when they asked, then you are out of luck, the only other way around a warrant is when the occupant of the residence lets the police inside. You "do" have the choice to tell them to leave and get a warrant. You do not have to let them in.

Answer 3

1

Answer 4

Search warrants order law enforcement to search a place or person for specific items or evidence related to a crime. Only judges can authorize and issue search warrants. Law enforcement officers or other agents of the state must provide a judge with an affidavit stating the grounds upon which the search warrant is sought. Search warrants can be issued whenever the affidavit provides the judge with probable cause to believe a crime has been or will be committed, or that evidence of such crime of violation of the law exists at the place named. Once issued, the warrant must order law enforcement personnel to search the person or property named in the warrant.
Joe,
http://49thstreetbailbonds.com

Answer 5

The police can search by:

1) Consent
2) Plain view contraband
3) Incident to arrest
4) To inventory (vehicles)
5) Officer safety (searching for weapons)
6) With a warrant

Answer 6

In every state a search warrant is required, unless you are the President or the phone company. Then they can search your property or listen to your calls and not even tell you about it.

Just kidding........

The police won't get in trouble in Illinois, that's just an urban myth.

Answer 7

this is true in most states. police need a search warrant to enter and search a person's house. without a search warrant, items seized at the hosue cannot be admitted as evidence in court.

Answer 8

It is like that in every state. It even says you need a search warrant to search someones belongings in the Constitution.

Answer 9

definite - Edgar's criminal expert might in all probability be waiting to get the evidence ruled as inadmissible because of the fact the Honda advance into no longer listed on the quest warrant. Callahan ought to have stopped, and had a 2nd warrant obtained for the Honda, or gotten an replace on the unique warrant on an identical time as the two he or his companion stayed on the premises and watched the motor vehicle.

Answer 10

yeah that's how it's suppossed to be but it probably never will. geneva cops have come up with some of the dumbest sh*t to call "probable cause". hearsay has been probable cause to search my house and carrying tools back and forth from my car to my house trying to fix my door was probable cause to search my car and tear out the upholsrty and pull all the light out. go figure. no hunny, you're wrong about the police ever getting in trouble.