Do cops have the right to enter your yard uninvited?

Question

I know they need to ask permission to come in to your house, but what about your yard. I'm curious because the cops let themselves in my gated yard tonight because we were too loud. They were nice and we quieted down, but I'm just curious about the laws of entering private property. I'm in Washington if that makes any difference. -Thanks

Thanks guys. Like I said, there wasn't any problems, just curious mostly because I have two dogs that ran up to the cops when the entered the yard and it got me thinking about whether they were right to come in. They told us that they thought there was a fight. Yeah right! We were all laughing and having fun. That was their "probable cause."

Answer 1

I think I just answered a very similar question probably posted by one of your guests. Since it is late, I am just going to paste it here. When I answered previously, I was not informed as to whether anyone was charged:

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 2

In Canada, police (and others) have a common law authority to approach a residence for the purpose of knocking on the door. If there is a gate and a huge no trespassing/do no enter sign, then this would remove the implied consent.

Washington state may be different, but I suspect that it is the same most places.

Answer 3

If they say they have probable cause which is a complaint against the noise then they can do so. If they were trying to locate someone in the neighborhood they can also walk in your yard just like anyone else would to ask a question. It is NOT against the law to walk up to someone's door and if this means entering thru a gate to do so, then----. I take it your dogs are friendly.

Answer 4

Yes, they had a probable cause to enter the property because of the complaint of your being too loud. If you were getting robbed in your home and your neighbor called the police, would you want the police officers to stop and ask permission to enter your property before they tried to save you.

Answer 5

the don't even need permission to come inside your home. all they need is probably cause that "something" illegal may be going on or did occur very recently...

perfect example: a group of people are smoking a joint and watching the football game. the neighbors call the cops because of the noise. buy the time the cops come the game is over and noise is way down. with out seeing any kind of weed, etc. the cops can enter because the residence smells like marijuana even though they caught nobody smoking any or saw anything on the coffee table...

Answer 6

Yea they can enter your yard to knock on your door. Police can act on what they see even through a window from the street Probable cause. Parties that are loud after 10pm yea they will come in.

Answer 7

Wow, that was a long explanation...... simply put:
these are the common reasons;
you summoned them- 911
reasonable suspicion a crime is being committed
search warrant
arrest warrant
pursuit of a person ( who is suspected of committing a crime)
to render immediate aid, ie. fire,natural disasters, etc.
you invited them

there are several other reasons.......but, these are the most common that I've entered residences in the past. (former deputy)
by the way, a private citizen (in all states, in the US) can also, enter a residence, if they are in pursuit of a person they witnessed, who has committed a felony.

Answer 8

Answering to a call about noise at your residence, yes they can. Or if they needed to get thru your yard in order to perform an official duty.....yes.

Answer 9

maybe they would state that they DID call out to you but the music / noise was so loud that no one could hear them above it......mind you IF they entered mine [with a sign CLEARLY stating dog inside] I wonder where that would lead when a dog on site happy with the people inside cos 'mum' let them in would react to 'others' just walking in................I know for sure that mine would NOT be a happy camper.

Answer 10

No, they must map out your property line after consulting with demographics from City Hall, and call for you from the curb using only their voice.

If you turn up the volume loud enough at your party, well, I guess they're out of luck, huh?

Just kidding. Yes.