Do civilians have the same rights as police for entering a house based on probable cause?

Question

Can you be charged with entering a house illegally if you suspect someone in the house is in danger?

Answer 1

No, we do not have the same rights. If you believe someone is in danger, dial 911.

Answer 2

A citizen is not someone who has taken an oath to execute and uphold the laws, i.e. a sworn law enforcement officer. However, if you are witnessing a crime occurring and without causing harm to yourself or anyone else can intervene and prevent that crime to "protect the life or physical well being" of another, then do so. Look closely though. You cannot intervene to protect the property of another. You see someone breaking into a store and taking items that are not yours, then you cannot directly intervene. Go call a sworn law enforcement officer. Just pay attention in order to give good information regarding description, time, direction of travel, etc. Also, same scenario but criminal is threatening an employee with a weapon. Now, you could intervene, but can you do so in such a way that will NOT cause harm or injury to you, the employee, or unfortunately even the criminal? If you cannot unequivocally answer Yes, then don't intervene except to call a sworn law enforcement officer.

Answer 3

unfortunately as a civilian, you do NOT have the same rights to enter a home reguardless of the situation. Even a Police Office needs justification and at times, probable cause is not enough to enter a home. Depends on the state laws.

Answer 4

Anybody can charge you with whatever they want. Whether the judge throws it out or a jury can actually convict you is another story. If you had a reason to enter the premises that is justified under the law (check your state for specifics) then even if they press charges then it is likely you won't be convicted. If you live in a common wealth then you will have more protection.

Answer 5

If you have a good reason to think someone in a house is in IMMEDIATE danger -- you have every right to enter (perhaps even a duty to enter).

However, the authorities will take a dim view of your actions if it is reasonable to believe that the few minutes it would take for a police response would have made no difference.

Answer 6

If you have probable cause, try walking up to the door and kicking it open. Upon entry, yell out "I'm a citizen and was worried for your well-being and stuff".

When the home-owner sprays you with Mace or punches you in the neck, pick up something and hit them back.

When the cops arrive, tell them you had probable cause to enter the house. Then, you were attacked by the homeowner.

When the cop asks what gave you probable cause, just say you saw something illegal and wanted to try out being a cop.

I did this once. I got arrested for breaking an entering, domestic battery, assault, destruction of personal property, lying to the police and resisting arrest.

It worked out awesome! The cop was cute and the handcuffs were TIGHT!

Answer 7

That's a grey area. If you are talking about trying to save someone's life and you break in and blow the perp's head off in the process, you'd better be DAMNED SURE that the use of deadly force was required to save your own life and/or their life as well. If you are talking about Bounty Hunters, yes. They have the right to enter your residence and effect your apprehension IF you are a fleeing felon and a warrant has been issued for your arrest.

Answer 8

Unless you are trained to deal with dangerous situations I advise you to call the police or fire dept. There is a good chance you might muck up a crime scene, wander in unarmed on a intruder, or suffer the same fate someone who had an accident faces.

Answer 9

I believe the only people who can use "probable cause" are those in a position of authority. You would have to call 911 and report any dangerous situation you may feel is happening and then wait for them to tell you what to do.

Answer 10

depends on the situation. If the place is on fire then there will be no charges for going in to help. If you hear a scream and bust thru the doo to find somebody watching a scary movie then you might be explaining yourself to a cop and looking at a tresspass warning

Answer 11

Probably not. Most (if not all) states now have "good faith" exceptions to the law. If you do something out of good faith the law (mostly civil) will support you. But be careful, if it turns out you are wrong then you certainly can whereas a police officer is protected from being wrong (unless he is grossly negligent). Hope that helps.