did you know that the police can search your home and property without a warrent.Is that leagal and how can you fight it or pass a patistion to get the police to have a warrent to search you property? isn't that like invating your privticy ?
2006-09-20 06:45:54 · 12 answers · asked by Anonymous in Politics & Government ➔ Law Enforcement & Police
A search of the residence is legal if it is in connection with a crime in progress call. Just stopping by to search your home, is not legal without a warrant.
2006-09-20 06:57:25 · answer #1 · answered by Letsee 4 · 0⤊ 0⤋
That;s not entirely true. Enetring into a residence and finding blood on the floor and even if you find a body. You have a right to check the entire house (closets too) for any other dead or injured parties as well as suspects. However, your search is very limited. For instance...you wouldn't open a dresser drawer and look through it as the chances of finding an injured or dead person there is pretty damn slim.
You can have your car searched when arrest by police...if the arrest is in fact custodial. The police may search (actually inventory) the interior of the car and all unlocked containers.
Police have a right to "pat you down" for safety's sake. If they find a gun or narcotics then it's fair game. If you have it stuff into an orifice (if you get my drift)..then this requires a search warrant. Not between butt cheeks either gang...that's not "an orifice".
in a nutshell...you have some expectation to privacy...but not as much as you think when stopped and detained or arrested.
2006-09-20 08:47:19 · answer #2 · answered by Quasimodo 7 · 0⤊ 0⤋
There are many rules that govern search and seizure. There are some circumstances when the police can search without a warrant, for example probation and parole searches, searches as a result of what's termed exigent circumstances. Your question doesn't have enough detail to know if any of these factors fit. For the purpose of Yahoo feedback, it doesn't matter though. The most immediate answer is that yes, there are some time when the search can be made without a search warrant, but for you to find out more precisely whether the search of your particular premises was proper or not, you'd have to consult in detail with a qualified resource in your home state.
2006-09-20 08:13:19 · answer #3 · answered by nothing 6 · 0⤊ 0⤋
One of the best answers so far lists an exception to the warrant rule: apparent danger / probable cause. For example, your trunk is bleeding, or you pull a firearm.
However, a provision of the USA PATRIOT Act declares that law enforcement officials working on behalf of the federal government (which local law enforcement CAN be) may conduct a "sneak-and-peek" operation if you are suspected of aiding or abetting terrorists. This can include but is not limited to checking out subversive texts from your library, harboring known or suspected terrorists, selling of or using illegal substances such as MDMA or cannabis, or any other possible "terrortastic" activity. In this case, law enforcement doesn't need a warrant, or even to inform you that your private property has been searched, or in some cases, seized.
2006-09-20 07:58:12 · answer #4 · answered by whitescorpion2000 2 · 0⤊ 0⤋
odds are it depends on what state you live in. If I were you I would find a website that lists your state's laws, and find out just what the exact legal code is for searching private property.
I think it was michigan (don't know if it was just the state, or if they tried to pass this federally) that just recently allowed "no-knock" searches, where the police were not required to announce themselves before performing a search. This would cause ALOT of problems in the southwest, where I live, where you are not required to do much of anything before opening fire on anyone who forces entry into your home.
I have no doubt that warrant issues change from state-to-state, and possibly even from county-to-county depending on where you live.
2006-09-20 06:59:08 · answer #5 · answered by sandman96dwg 2 · 0⤊ 0⤋
From the education source of Jay Z 99 Problems when the police stop his car he says "the glove compartment is locked so is the trunk in the back so you gonna need a warrent for that". So I guess if something is locked a warrent is required, a house is generally locked, therefore a warrent is required.
2006-09-20 06:51:01 · answer #6 · answered by Anonymous · 0⤊ 2⤋
The police can search your property (car, home) without a warrant if there is an apparent danger/threat (i.e. blood on the floor, leg hanging out of trunk, etc.)
2006-09-20 06:48:14 · answer #7 · answered by Robin A. 3 · 0⤊ 0⤋
It is illegal.
Thouse who say that they want to search your house without a warrent are not police.
Phone-911
2006-09-20 06:55:29 · answer #8 · answered by SKG R 6 · 0⤊ 0⤋
4th amendment sums up your rights. Now whether or not the police care about that right is another question.
2006-09-20 06:48:58 · answer #9 · answered by The Angry Stick Man 6 · 0⤊ 2⤋
yes I did know that, it's a price we must pay for home land security, but they must have a reason still.
2006-09-20 06:50:43 · answer #10 · answered by bprice215 5 · 0⤊ 0⤋