If an officer enters your home before he has a warant and builds a case on you, can you get the case dismised? Is the burden of proof on me? Will the judge listen to me if it is my word against his?
2006-09-08 18:05:44 · 16 answers · asked by Jima 2 in Politics & Government ➔ Law Enforcement & Police
OK, 1st off, for your own future well being, be very cautious about the advise you believe here. A police officer can enter your home if they have "probable cause" to believe a crime is being tcommited, or that someone is in danger. We DO NOT have to have a warrant if that probable cause exists. Coragryph , as well as some others, gave you good info. Some of the others that told you not to let a police officer into your home without a warrant may get you in deep trouble. If an officer approaches your home and asks to come in, then you can tell them no, and they should leave. Of course, they may park themselves there and wait for a warrant to be issued and then come in anyhow. IF they enter anyhow, and don't ask your permission, be careful how you respond to them. They could be dead wrong, and you could still get arrested and hauled in on an obstruction charge. It might get dismissed later, but you still got hauled in, right? The time to dispute the legality of entry / search / seizure is through an attorney in a judges chambers or through IAD after the fact.
It's OK to post all this good advise anonymously on a website, it's another thing to risk getting cuffed / arrested and charged for resisting an officer, hindering an investigation etc... and maybe getting roughed up.
Look, I know that it really galls some folks that someone can just come into your home anytime they feel the need to. But sometimes it's necessary for the rest of societies well being. Real life is not an prime time cop show, and there are cop's who abuse their authority. They are NOT the majority though. I guess I said all that to simply say, Be Careful.
As for the issue of a case being built on what they discover after they enter, it all depends on what led them to want to enter your home. All that needs to be satisfied for it to be legal is reasonable belief that illegal activity was taking place there, or a risk to someone in the residence existed, and they are in legally. If that is not satisfied, then the judge can throw it out. Experienced investigators won't risk blowing a case by making an illegal search and getting all their evidence excluded by the judge. What the public does not see is the collosal *** chewing they get if that happens, 1st by their division boss, then by the ADA.You really need to let an attorney handle thist for you, cause if you try it yourself, you'll probably get slaughtered in court by the DA.
2006-09-08 21:17:59 · answer #1 · answered by Anonymous · 0⤊ 1⤋
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2016-06-10 22:07:32 · answer #2 · answered by ? 3 · 0⤊ 0⤋
If you or anyone else who lives at your residence gave the officer permission to enter your home and he saw something sitting out, then you are screwed. You're also screwed if you gave him permission to look around the house. If he saw something inside your home while he was standing outside, then he had probable cause to enter the residence and do a search and didn't need a warrant. The only way you would be able to get the charges dropped is if you could prove that the Officer walked in your door without knocking and started searching through things. Sorry but that's the way the cookie crumbles.
2006-09-08 18:40:41 · answer #3 · answered by Eagle 2 · 0⤊ 1⤋
Under exigent circumstances (the officer hears someone calling for help from inside the house) and it would not be practicable to wait for a warrant, and he has a reasonable suspicion that a someone is in danger or a criminal might flee he can enter without a warrant. Also if he came to your front door and after you opened the door he saw contraband or other items related to criminal activity in plain sight he could enter without a warrant and seize any other items in plain sight.
2006-09-08 18:12:05 · answer #4 · answered by mk_matson 4 · 1⤊ 0⤋
Entry is allowed, without a warrant, under several specific exceptions. Exigent circumstances and consent being the two big ones.
There are also rules for inevitable discovery, if a warrant is obtained later. The rules for excluding evidence get complex, and vary by state.
If you have specific legal issues, you should consult a licensed attorney. Trying to argue the suppression yourself is like trying to have a tug of war with you barehanded against a pickup truck. Don't try it.
2006-09-08 18:18:53 · answer #5 · answered by coragryph 7 · 3⤊ 1⤋
no sworn police oficer has a right into your home while you ae present without a warrant he must furnish you with a warrant signed bye a, judge!! and he cant build a case unless unless he has said warrant now if you let him just walk on and start snooping bad move hons neverr neverr!! the burden of prof yes is with you if you just let the wander inn1 and do you really think a judge will just sit there and listen too you hons against a cop right come on now!1
2006-09-08 18:15:15 · answer #6 · answered by Anonymous · 0⤊ 1⤋
Police do not need a warrant if:
1. You let them in and give them permission to come in
2. They hear some emergancy situation, someone scream or a fight going on. some crime in process
3. They are waiting outside for a warrant but have good reason you are starting to destroy evidence
2006-09-09 04:56:23 · answer #7 · answered by Anonymous · 0⤊ 1⤋
no longer surely will you be allowed back in, they're going to be so satisfied to make certain you that the Customs and INS adult men supplies you with a loose experience to city the position the warrant is wonderful. then you definately will face trial, serve your sentence, and then be deported for unlawful flight to stay away from prosecution.
2016-11-25 21:38:33 · answer #8 · answered by ? 4 · 0⤊ 0⤋
I believe if they have probable cause that a crime is taking place in your residence, they do not need a warrant. For instance, if someone is screaming from your house "Help me someone is trying to kill me" they can enter. If they are idling by and think MAYBE something is going on, but they have nothing to prove it is happening, they need a warrant.
2006-09-08 18:21:11 · answer #9 · answered by sidnee_marie 5 · 0⤊ 1⤋
They are not allowed to enter without a warrant, and if they did without your permission they're not allowed to use any evidence they find.
If they dont have a warrant, but you LET THEM IN by choice, then they can use whatever they find (in plain site, I believe). They can't go and open drawers, or bags, or anything not in view. Unless you give them permission to.
2006-09-08 18:12:36 · answer #10 · answered by catwomanmeeeeow 6 · 1⤊ 1⤋