Can cops enter your backyard without a warrant.?

Question

I was at a party last night and the cops entered the backyard with their flashlights etc. I don't have a problem with them breaking up the party, I'm just curious if noise problems are enough probable cause to just enter a backyard without being let in nor even trying to get in through the front.

Answer 1

yea they can cuz it was on the outside sort of speakin...if it was a house they can also go in....but to search etc...they need a warrant.....

Answer 2

If this is a serious question, here is a serious answer:

In simple terms, a search warrant is required under circumstances when the police enter your home or "curtilage" without your permission. In order to obtain a search warrant, the police need to first establish that there is probable cause that a crime is being committed at the area to be searched, or that evidence of a crime is currently located there.

If the police search an area without a search warrant AND should have obtained a search warrant AND discovered evidence which they planned on using against a defendant, such evidence is suppressed and cannot be used at trial.

Most cities have a Noise Ordinance or similar law that prohibits excessive noise after certain hours. The police are charged with the responsibility of enforcing such ordinances. Normally, they do not treat violations as crimes unless they encounter difficulties in giving a simple warning (or the noise continues). They would not likely try to obtain a search warrant for a party because they 1) most likely don't need one; and 2) it is time consuming.

In this case, the police apparently did not enter the residence. So the question then becomes whether the backyard can be considered "curtilage." "Curtilage" is an area so close to a home that the residents have a reasonable expectation of privacy in that area. Or, it can be an area upon which the homeowners have taken extra measures to ensure privacy. For example, courts have determined that backyards which are surrounded by large fences with locked gates, or even tall shrubbery, constitute curtilage. Therefore, a search warrant would likely be required to enter that area of the property.

On the other hand, an open backyard easily accessible from the street or alley by the public would not generally be considered curtilage. Therefore, a search warrant would not be required to enter that property area.

Since you did not describe the backyard in your scenario, nor the accessibility to it, I cannot answer your question regarding whether the police needed a warrant. But, you should now be able to answer that question based upon the above.

By the way, even if the area was curtilage, the warrant question is irrelevant unless someone was charged with a crime. If no one was charged with a crime, then there is no evidence to suppress and it really doesn't matter whether they needed a warrant or not.

Answer 3

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Answer 4

Yes. Cops can enter a backyard without a warrant. They can also enter inside a personal domicle (home/apartment) without one using "probable cause". Warrants are just needed for when they are trying to seize something, someone, or perform wire taps. Even that isn't needed if it falls under the patriot act.

Answer 5

final time I checked the law enforcement officers can come on your sources with no seek warrant however the decide on one to go into the homestead and seek it or seek your automobile except there is lifelike suspition or reason like a lager can interior the line of sight or the scent of weed. They possibly observed you and if there is lifelike suspiction or reason they are able to go into with no warrant. i'm guessing some neighbor's observed you or complained simply by fact they understand your underage and you have been possibly making alot of noise which old human beings hate. lol. while i grow to be sixteen i grow to be at a party, thankfully I have been given there like 5 minutes till now so I didnt drink yet and have been given off unfastened however the acquaintances stated as the law enforcement officers so while they have been given there that they had the homestead surrounded waiting interior the fenced in lower back backyard in simple terms in case to catch some little ones. lol

Answer 6

If they had a call at that residence they can enter the property. If they observed illegal activity occurring on private property while they were on public property then they can. If they have probable cause (information that would lead a reasonable person to believe a crime is occurring) to believe a crime is being committed then they can.

Answer 7

If the neighbors called the police because of noise, and disturbing the peace, yes they can. Because your neighbors have a right to peace and quite. They weren't in the party mood. Police can do whatever they want when they want. Remember John Q.?

Answer 8

Yes they can walk through the backyard because they can see whats going on...

Answer 9

Yes, if a complaint has been received, and they believed a law was being broken. They could also enter if they were in persuit of a felon.

Answer 10

they can walk around you house. look through your windows. but they cant enter your house without permission of the owner or a warrent... same deal with the cars.

Answer 11

yes , they were resonding to an official call for sercive. typically criminal tresspass law do not apply to police on duty. arrest search and seizure laws do , but this is different