do police need a warrant to search the house?

Question

the police were looking for an indevidual, a child molester. do they need a warrent to serch the house

Answer 1

well yea they do need a warrent

Answer 2

1

Answer 3

Generally, police need a warrant to search a house, unless ...
1. You give them permission to search your house.
2. They are in hot pursuit of a criminal.
3. They are in an emergency situation and must act to save someone from imminent death or danger.
4. There is some other exigent circumstance at work that makes entry and a search (limited by the nature of the exigency) reasonable under the circumstances.

Of course, if they enter without a search warrant and without your permission and do nothing more than search for the molester and arrest him, unless your the one being arrested, what do you have to complain about? As long as a fair and impartial magistrate determines their actions were reasonable after the fact (and "reasonableness" is the only constitutional requirement. "probable cause" is generally the benchmark courts use to determine "reasonableness"), then it is legal even without a search warrant.

Answer 4

As far as the Constitution of the United States states, YES! Although there are certain circumstances, (probable cause, actual crime being committed in progress, etc) where they can do so. Did you know that they are only able to search the area that the search warrant specifies? Another words search warrant states basement area only, they better not go to the attic. NYS Conservation Officers can search homes without a warrant (although they too can only search specific areas) It sounds like in your case they more than likely "saw" the perpetrator from outside the home giving them probable cause, but that's just a guess...

Answer 5

Well lets put it his way---Now if the person the police were looking for had been in their custody and tried to run and they (police) were involved in a foot chase/pursuit of this individual and this person just so happend to run into your house and the police run in behind him then they can look in any room to find him and bring him out,however if this is not the case then---------YES, by all means they do need a search warrant.

Answer 6

Not always. In your example, if they saw the child molester they were seeking enter your house, they could enter without a search warrant if they felt there was a compelling need due to a child in the home now being in danger if they waited.

If they didn't see him (or her) enter your home, then no, they would need a warrant to search in that case.

Answer 7

If they see the child molester run into the house after (God forbid) committing a crime, then they have probable cause and can enter the house.
Otherwise they need a search warrant.

Answer 8

In Texas,the answer is no because this person could harm others in the house once police left the premises. So they will search every nook and cranny till he/she is found. If guests are in the house,everyone will be ID'd and run thru National Crime Information Center for past criminal history as well.(If you have no ID on you,you'll be cuffed and taken in till you ARE checked to see who you are).

Answer 9

depends on where you live and on the situation...if they believe a child molester is in the house and that a child might be in danger of being hurt at that moment...I doubt they'd need a warrant.

Answer 10

yes police always have to have a search warrant to go in to any ones house no matter what the situation is, if they don't have one the the prosecution don't have a case, all the evidence becomes suppress the search is iligal and charges will be droped.

Answer 11

If they do not have reason to believe that someone is in immediate danger then they need a search warrant!!