can any law enforcement agency enter home without a warrant?

Answer 1

The USA PATRIOT Act warrants aside, which are readily granted ex parte -- law enforcement agency can only enter a home without a warrant under special circumstances (hot pursuit, danger of fire, etc.). There is a principle of "exigent circumstances" discussed in this article: http://www.findarticles.com/p/articles/mi_m2194/is_n9_v65/ai_18826919/pg_1 And US Customs may have greater rights than other police agencies, although a quick search just now has not clarified that point for me. The cases below might help on that:

Here's a recent case concerning Customs entry of a ship, U.S. v. Villamonte-Marquez http://supreme.justia.com/us/462/579/case.html and one of a car, U.S. v. Martinez-Fuerte http://supreme.justia.com/us/428/543/case.html (Border Patrol; discusses warrantless arrests by ordinary police -- for example on the front porch of a house)

PROBATION OFFICERS are a special case. Here's a memo (in MS Word *.doc format) on that: http://www.dps.state.ak.us/apsc/bulletins/legalmanual/NPROBATIONOFFICERSANDPRIVATEPERSONSEARCHES.doc

ADDENDUM: I would not take too seriously unsupported statements by others regarding legislation supposedly signed by President Clinton in derogation of Constitutional rights. In fact, the validity of parts of the USA PATRIOT that purport to do away with Constitutional rights (habeas corpus, etc.) in certain cases have yet to be tested in the US Supreme Court.

Answer 2

You left out some important facts. Does the officer have a reason to enter? If a officer of the law no matter what agency is in the process of protecting the public he or she may enter your home without a warrant.
Due to recent republican behavior law enforcement of any kind does not have to announce they are police and entering before they attack your house in the dead of night.
Unfortunately a woman in her 90's was protecting her property recently when a bunch of reckless officers entered a home with a warrant and ended up shooting the women to death.

Answer 3

The scary thing is that anyone can enter your home, public and/or private. The typical American household is not designed to withstand forced entry, even with alarms, the police don't respond. The fact remains, the legal issues will be sorted out after the fact of entry has been completed.

As far as the legal type of entry, it appears that warrants for the location signed by a judge are still required by law enforcement. It may be worth looking at new homeland security laws to truly understand the legal aspects of entry laws, but I would bet there are exceptions in the name of national security.

Bottom line, don't have a reason for law enforcement to access to your home, and when/if they do, there wont be an issue.

Answer 4

Yes. A law Enforcement Agent can enter a home without a warrant under two ways. One --- with permission of the resident of the home. Any adult inside the home can invite a law enforcement agent inside a home at any time. Second --- when illegal activity is obvious. If a law enforcement agent sees through a window (for these purposes it is a large bay window) illegal activity in plain sight ie drugs displayed, illegal gambleing or a violent crime being committed the Agent has the duty to enter the home and enforce the law. The key is the illegal activity must be done in plain sight, otherwise it is illegal search and seazure.

Answer 5

Technically no, unless they see or hear something that would indicate impending danger.... aka gunshoots, they see a bomb on your coffee table etc. But with the new and un-const. PATRIOT ACT they can enter your house with a roving warrant that has been issued by a judge that handles only secret intel type cases. But they have to be able to connect you to a terrorist organization. But no agency has a blank check to enter a home without a warrant or an invitation. If they ask for a glass of water and you allow them entrance that will null the need for a warrant until you ask them to leave (unless they find that impending danger or "Plainsight" rule.) Hope this answers some questions.

Answer 6

Any personnel of a law enforcement agency cannot enter a home without a warrant because it is a violation of the constitution.

Answer 7

They can enter your home only if they have legal grounds to be there and they can also seize anything that is in plain view, such as drug paraphenalia, weapons, etc. But they cannot under any circumstances seize anything that is hidden unless they have a warrant.

Answer 8

hell no...not unless you have the doors or windows open and they see something illegal or they get callled there by someone in the house..depends on the situation...they cannot search the house without a warrant unless they see something its called a "plain veiw warrant" whats the complete situation??? call a lawyer and ask them tell them the complete situation..theres lots of loop holes but you also have alot of rights.

Answer 9

contrary to what some of these people say , Pres, Bill Clinton had a law signed in the early 90s where a cop or any official could search any dwelling or ? that the gov, had a interest in , so what is it that the gov, don't have a interest in , nothing to do with the patriot's act.

Answer 10

Under the Patriot Act, unwarranted search and seizure is legal if there is reason to believe there is incriminating evidence of terrorism or activites relating to terrorism in your home.