Why do cops need a search warrant for a victim's home when the dead victim is found on his own doorstep?

Question

I am watching the fantastic reality series THE FIRST 48 on A&E. The homicide detectives go to Liberty City in Miami and find a dead man laying on the threshhold of his own apartment. Why doesn't the crime scene automatically include the apt., especially since the front door is open and the victim is laying on that opening? If no one else lives at the apartment and no permission can be obtained from an apt. manager/owner to search the place, why can't the officers start gathering vital clues inside the home to help them find the killer? The more time that goes by, the less chance they have of solving the murder. Also, does anyone know roughly how long these search warrants can take to get? Are we talking 15 minutes or 15 hours? Lastly, does each state differ on this search warrant issue or is it a federal matter? Thank you.

Answer 1

I'll answer the last easier quesstions first. A search warrant takes about 2 to 24 hours. It is hardly ever a federal matter. Criminal law is usually state law, and this varies from state to state. What is the crime scene area thus would also vary from state to state.
You cannot rely on TV to give you acurate legal concepts. I am a lawyer and enjoy many legal shows and often find myself laughing, thinking, yeah, i wish.
It could be that in Fl the crime scene area is very limited, it could be not. If the crime scene (literally the ground surface) area is limited, the police has no sure way of knowing that they are not intruding, that no one else lives there.
Remember that, even if you're on the victim's side and not necessarily a civil rights freak, you do not want to break Constitutional law. Any evidence you gather in violation of the Constitution will be thrown out in court, and you may end up losing your case, without any evidence.

Answer 2

Yes each state does differ in their policies, but also look on the other hand we are fortunate enough to live within a country that states the state cannot just enter homes of people without a warrant "warrant less searches" would you rather big brother erode more of our constitutional rights away