Is it legal in the state of MO for the cops to come in without a warrent, no probable cause statement?

Question

8 Cop cars came to my trailer park. They came in response to a peace disterbance. After taking care of that one plains clothed went over to a friend's home and just walked in. Two other officers followed him in and they arrested both parents in the trailer in front of their children. i asked if they had a warrent or prob. cause, she said no.

The couple arrested were not involved in the altercation. They were in their home, their son opened the door and the undercover cop just walked in. Cop thinks he is above the law. They had no reason to be over at that trailer, they were not involved in any way with what brought the cops. And for those who wondered it was my friend who told me that they didn't have either.

Answer 1

Peace disturbance isn't enough to get into a house without a warrant unless they have a reason to believe someone's life is in danger. Depend on the infos they got. Someone was beeing beatten up? They were fighting earlier? Maybe they were told the parents were involved in some kind of crime and had to arrest them to protect the proves? I don't know. Their's a lot of possibilities.

They can get in without a warrant if:
1)The owner or the tenant let them in, of course
2)Someone's life COULD be in danger
3)To protect the proof of some kind of crime
4)In a "hot pursuit", meaning they're running after someone who commited a crime and gets into a home to hide: they can break in.
5) A plain view is also possible: did they see something inside like pot plants or weapons, etc when the kid opened up?

Answer 2

Come in where? It makes a difference.

Most of the relevant rules are established by Supreme Court precedent, so they are binding in all states. But there are different rules, for example, between coming in and searching a public store than coming into a private home.

An entry into a private home, or private office, is generally invalid without either warrant or an exception. The most common exceptions are consent or exigent circumstances. That's why a store, one that is generally open to the public, can be searched. Implied consent, since the police have no greater access than the general public.

For other situations, there must generally be at least probable cause for any search or seizure, and for private homes (absent an exception) there must generally be a warrant.

So, as with most legal questions, the answer depends on the details.

Answer 3

So you expect people to believe cops just showed up to a random trailer and arrested two people for nothing? Were you at the trailer when they went there?

There are times where cops do not need a warrant to enter a premise. What was going on inside when the police went there?

More deails.

Answer 4

I think there are some facts missing from this question. If they entered and made an arrest they had probable cause. If they did not have probable cause then your friend has a case for false imprisonment, false arrest, and will be receiving a large check . If this really happened why didn't the police just pick up somebody closer to the station. Why were they the target?

Answer 5

Not enough information. From your question, it sounds as if it happened to you. If so, then it would help people to understand your question if you include details such as time of day, context of situation, was an arrest made, etc.

For example, if you invite a cop in for a cup of coffee, then it is legal. Therefore, the answer to your question is YES, since there are situations in which a cop can enter a home without a warrant or without probable cause.

Answer 6

If they were comming in to make an arrest, yes that is allowed.

And they had to have some form of probable cause or a warrant if they made an arrest.

They were not arrested for sitting on the porch or sitting on thier sofa. ( although that may be against the law in parts of MO)

So you are not getting the true and correct story as to what happened.

Answer 7

You really did not give enough info but, if they pursued someone into the trailer, the complaint came from that location and those folks were waiting for them to arrive, the cops thought someone was in immanent danger, stuff like that..there has to be a probable cause justification and they are under no obligation to explain it to bystanders.

Answer 8

There are some regrettably misinformed people providing you with solutions right here. observing somebody stroll out of a bar and using away in a motor vehicle does no longer supply possibly reason for the police to end them. I wish that it did, besides the shown fact that it does no longer. Entrapment is while the police reason or strongly inspire you to commit a criminal offense. no longer something on your question could point out the police led to or inspired your pal to drink after whichchronic. Like such a lot of others, you're difficult the words "caught" and "entrapment"...your pal have been given caught, he grow to be no longer the sufferer of a few entrapment scheme. once you're suggesting that via fact the only fee ticket your pal have been given grow to be for DUI meaning there grow to be no different reason to tug him over (swerving, unlawful lane replace, headlight out, and so on) then you certainly are incorrect in the type you have self belief the regulation works. only via fact the only element the police write on the fee ticket is a DUI does no longer propose there have been no longer different violations - it only ability there is not any think approximately bringing up somebody for expired registration once you're taking them to reformatory for being DUI. I assure you the unique possibly reason for the tip would be interior the officer's record and the shown fact that he did no longer write it on the fee ticket ability no longer something.

Answer 9

I would say no because they had no search warrant. The people they arrested did they have warrant's for their arrest? If not I would hire an attorney and pursue this one!!!

Answer 10

They can go anywhere they want looking for people. They only need a warrant if they are going to search the premises for evidence.