Can the police enter your garage without a warrant? And does anyone know what this is about?

Question

So I've had a notice put on my garage door saying the police need to have a look in it to eliminate me from their enquiries (it's on all my neighbors garages too).

Now I've nothing to hide, all that's in my garage is a pushbike and some old tables and junk, but out of curiousity can they actually demand that I let them look through it without a warrant?

And does anyone know what this is about? If they think someone is making bombs/drugs in their garage surely telling them you are coming at their convenience defies the whole point of the search! Anyone have any idea what this little search is meant to achieve?

Just so we are clear, I've spoken to the gruffest man on the police force who at least confirmed that he had heard of the operation but said I had to call back in the week. They are free to come around but I'll have some question for them when they arrive as I still think this is some sort of con (it just doesn't add up).

Answer 1

If you're in the UK..it's a wind up!!

Yes...the police need a search warrant for your garage....but if you're arrested for an offence when standing in your garage...then they don't need a search warrant.

Police don't give notice to search...or it defeats the object....that is..if they tell you in advance...and say you did have something in there you shouldn't have...then it gives u time to dispose of it....that's not the way they operate!!

Customs and Excise don't need a search warrant...they can look without one!!!!

Hope this is of help!

Answer 2

Actually, they can look through any window just as any other person can. What is in "Plain View" (Arizona v. Hicks, 480 U.S. 321, 107 S.Ct. 1149, 94 L.Ed.2d 347 (1987) can be viewed by anyone, even under the "curtilage" of your home (the area underneath your roof."

There are other circumstances, obviously answered by the dross on here, as well -- with a warrant. Probable cause must be had with a warrant, BUT a judge determines that. All an officer has to do is find a very CONSERVATIVE judge or one that does NOT like drug dealers -- and the Judicial constraints aren't as much with judges such as that.

HOT PURSUIT: A doctrine that provides that the police may enter the premises where they suspect a crime has been committed without a warrant when delay would endanger their lives or the lives of others and lead to the escape of the alleged perpetrator; also sometimes called 'fresh pursuit.'

Ergo, if you commit a crime and run, they can follow you into your den of drugs or other iniquities.

IF you are on PROBATION or PAROLE, the 4th amendment may not even apply to you. Locally here, those individuals sign away or at the agreement of supervision waive those rights.

KNOCK & TALK -- likewise, any enforcement officer can knock on your door and talk to you as any other person would -- he or she may even be dressed in a UPS uniform or the like if you are subject to intensive investigations. The Plain View doctrine again applies -- as it always does.

In many instances, your response (or lack thereof) will be used against you in an affidavit to a judge to recieve an arrest warrant. Obviously if you comply and have nothing to hide, a judge will be less likely to issue a warrant. If you do not comply, refuse to answer, or shut the door directly behind you so the officers cannot see; such intent is implied and will be stated on affidavits.

Remember this when you do certain things -- you have rights, but so do the officers when enforcing the laws to which you live under -- whether you agree with them or not.

Answer 3

What a load of rubbish people are speaking!

As a serving frontline officer my answer is as follows;

In this case NO the Police cannot demand to enter your garage without a search warrant, signed by a Magistrate

The only circumstances they can enter a property are;
To save life or limb, to prevent serious damage to property or to effect an arrest of someone they have reasonable grounds to believe is in there. If they enter illegally then anything found could be inadmissible in a court.

I can't think why they would want to look in your garage, but if you get funny and refuse them, this may arouse may needlessly raise their suspicion of you. It's fairly certain they don't think you're making bombs or running a drugs factory in there, else they would have got a search warrant and entered without you knowing!!

Answer 4

No, they MUST have a warrant to search the premises. Unless of course they are in pursuit and the suspect is hiding somewhere. I got to say i've never heard of this being done, nor do i believe that its common practise. I cant imagine why they would be doing it, as you say, it defeats the purpose. Is the note official, ie stamped with the forces stamp, signed etc by the force, because it may be a prankster playing with you. Or just phone up the station to check if it is authentic because the police have very strict standards and procedures that they must follow, so i doubt the validity of the note. But to search anywhere on private property they must have a warrant.

Answer 5

I am with "penny for them" and "surf cop" on this one!

If they think there is something in your garage that might be of interest to them, they are not going to advertise the fact and give you a chance to get rid of it!!

Anymore than police would write to the occupier of a premises making an appointment to execute a drugs warrant.

Ring your local police - presumably there is a number on the notice attached to your garage - and ASK them what it is about and WHY they want to search.

Whilst you might have nothing to hide and wish to assist the police, you may decide that if their reasons are not good enough, you may refuse permission.

If they think they have enough evidence to obtain a search warrant, they will do so - however, if they had the evidence, they would have done that in the first place.

It all sounds a bit bizzare to me.

Answer 6

That would depend on the statutes in your area. It may be nothing more than someone with a grudge against you and other neighbors (do you perchance have a neighborhood "nutcase"?) made up a story, which they suspect is made up and just want to give you the courtesy of notifying you and asking for a voluntary search to eliminate that possiblity so they can get on with their other work. If they are going to have to search many garages, I suspect it will be cursory at best, probably with sniffer dogs, which would be able to tell them if bomb making or drugs had even been there. If you truly have nothing to hide, it would be wise to allow that. If they have to go to a judge to get a warrant, they will be MUCH more thorough, and may damage property.

Unfortunately, they have to follow up on all crackpot leads........

Answer 7

A note on the door is pretty symbolic of giving you a choice. Before jumping to too many conclusions and deciding that you wish to vehemently resist the idea of police intrusion, you might be even wiser to call them, ask what it's all about, and then instead of just making a decision, you can make an informed decision. At this point, for all you know, they may be investigating a crime that if it was solved, it would also be to your benefit and that of your neighbors. The crime to be solved may be something you, as a reasonable and rational thinking person, would want. Find out first. Decide afterwards.

Answer 8

If they have posted a notice saying they NEED to look they are supposedly only asking for your consent to search in lieu of obtaining a search warrant, which means they probably don't have probable cause to get a search warrant. However, there are certain circumstances were a warrantless search is allowable under the law. Those circumstances are very specific and still center around probable cause. I am not an attorney and am not trying to provide legal advice. I am only relaying to you what I understand to be the law. This of course is only in the US.

Answer 9

In the UK the police do not need any warrants whatsoever, any evidence they find is admissable in the courts under the "fruits of the poison tree" principle. without a warrant they are liable for the damage, but it is public policy to permit the police the freedom to search without a warrant. They usually only seek a warrant when they have been investigating for sometime and have sufficeint evidence to merit such.

Answer 10

If you have nothing to hide then what's the problem..why do you feel this need to challenge the police..why the urge to boast your rights? You have the right to say no, but why not just let the cops do their job. It's not a personal intrusion..just work.

I mean what's the harm when you know that you're helping to keep your neighborhood safe, by doing something as simple as complying with a police request..

When they come to check it out - ask them what the purpose is..chances are they'll be able to answer your questions.