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

Each state differs. Thank the attorneys. Our state does not require that but often the cops will wait, once they know there isn't a chance of saving a life. They don't want to press the issue in court. Typically it will take a couple of hours only, even if they have to go wake the judge up at his home.

Answer 2

1)While the situation you described would not require a search warrant , it is preferred to have one where practical to avoid possible challenges at court down the road if say for instance the victim had a roommate/lover they weren't aware that had recently moved in that was now a suspect and could potentially assert a failure to give consent to search. Just CYA .
2)Search warrants can be secured in a relatively short time(hours or less) and the property can be secured till then as it is a crime scene to avoid tampering.
3) Generally all legal issues like search warrants,deadly force,etc. are guided by federal, state,local,and departmental policies with respectively stricter regulations.

Answer 3

Normally it does, but only those things that are in open and plain view. Since he is now dead, someone else or the estate now owns the property, a dead person can't own anything.

So if the new owner has not given permission to search beyond the open areas, and something would be found, that item can be thrown out of course

You may thank many liberal judges. ( so yes this is another good proof that Bush has not destroyed anyones rights)

Answer 4

Stop watching TV and go take some Criminal Justice classes. They don't need a warrant if the victim is at his own doorstep.

Answer 5

because they have to give the suspect the benefit of the doubt that he did it.
if a person dropped down dead in front of your house, would the police have the right to just rush in, tear the place apart, and arrest you?

Answer 6

Not at a crime scene.