can police serch the house without a warrent?

Question

someone told the police that a child molester was in my house.that person called the police to report him. they came without a warrent

Answer 1

There are a few exception to the requirement of a warrant.

Example: exigent circumstances.

Answer 2

1

Answer 3

As stated already...the 4th ammendment protects us from most searches and seizures. However, there are several exeptions to this constitutional right.

Fresh and continued pursuit of a suspect.
Expressed or implied consent.

Probable cause WITH exigent circumstances that there is an iminent danger of serious bodily harm or death, or the destruction or removal of evidence.

Also, certain plain view circumstances that may arise. An officer would still need consent to enter your Home to conduct the plain view search, unless they look through an unobstructed window or door.

The same rules apply to searches of your person, motor vehicle, and any property in which you own or possess.

Note there are certain motor vehicle exlusionary rules which would allow an officer to conduct a warrantless, consentless search.

Also,
Terry v. Ohio allows officers to stop and conduct brief interviews/interrogations, and to search(pat down) for weapons if the officer feels like his/her safety is in danger. These brief stops are considered a detainment, not an arrest.

Heres a little helpful tip for you if you are stopped by the police.
Comply with their orders. If they want to search you or something you own(house, bag, car, etc.) and you feel they don't have the right to, make ONE appeal to them. If they continue to try and search or seize something, including you, just submit to it. They ususaly know more than you about the legality of the search or seizure. Plus, if it is an illegal/unjstified search, when you go to court, your attorney will make a motion to supress the evidence obtained, and the judge will make that determination. Just make it easier for the officer and comply. It will also insure you do not get hurt during the encounter.

Answer 4

As Quoted, 34thGeo. L.J. Ann. Rev. Crim. Proc. pg. 3. (2005);
The Fouth Amendment of the U.S. Constitution governs all searches and seizures conducted by government agents. The
Amendment contains two separate clauses: a prohibition against
unreasonable searches and seizures, and a requirement that
probable cause support each warrant issued. see now;
THE 4th AMENDMENT PROVIDES;
The right of the people to be secure in their person, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or Affirmation, and particularly describing the place to be searched, and the persons
or things to be seized. see also; Katz v. U.S., 389, U.S. 347, 357
(1967) and: Mapp v. Ohio, 367 U.S. 643, 655 (1961); barring
use in state courts of evidence seized in violation of 4th Amendment).

If the police came to talk to the individual (suspect) at your home
and knew he was there and he refused to talk to them or answer
any questions the police,before leaving the scene must produce
a " sworn statement " or a warrant. Look up the Laws where your at but know this; the United States Supreme Court is the Law of the Land and ALL STATES shall be bound thereby! Furthermore,
No State shall make or enforce any Law, Contrary to the Constitution of the United States of America.
P/S: While all arrests need probable cause, or supporting Affirmation, the charges will not be dropped or an indictment dismissed, but all evidence obtained pursuant to an illegal arrest
will or should be suppressed. I hope this helps. I don't judge, as the law states; Innocent until proven guilty in a Court of Law!
GOD BLESS/ GOOD LUCK!

Answer 5

In most cases a warrant is required. Here are some exceptions:

1. Exigent circumstances. You can enter a home if you reasonably believe someone is in danger. Anything illegal you spot at that time can be seized and/or used as evidence.

2. If they have probable cause to believe a crime is in progress, or is about to occur.

3. If they have probable cause to believe that evidence will be destroyed in the time it takes to obtain a warrant.

4. Hot pursuit exception allows them to enter sans warrant if they are actively pursuing someone. This exception isn't always used since there are occassions where you can stop, secure the exterior and obtain both a warrant and SWAT assistance.

While making an arrest the area immediately in the control of the person to be or being arrested can be 'frisked'. This is pursuant to the Terry vs. Ohio decision and means that a search for weapons and evidence of the crime can be conducted in the immediate area of the suspect; anywhere he or she could access quickly.

Answer 6

The officer can only search the house with a warrant or probable cause. If the officer has no warrant, then probable cause must be stated in the probable cause affidavit if an arrest is made. The probable cause can be anything from having a warrant to arrest an individual in the house, to seeing inside the house through the door or window something illegal (such as a pipe on the coffee table or anything like that).

Of course it depends on that state's laws, but that is how it is in Texas.

Answer 7

There are several reasons why law enforcement can enter the residence without a warrant. The one is fresh pursuit and another is verbal or implied consent, and another main one is a protective search. If something is in plain view, law enforcement have the right to enter and secure that evidence before it is destroyed or compromised. It sounds like not all the facts was entered in your question. And to finish answering the question, I would need more facts!!!

Added: I just saw your last question and you gave consent! It was a good warrantless search.

Answer 8

I thinks its called something like probably cause or something like that. If they come and you say no because they dont have a warrent then by the time they get a warrent you could get rid of 'evidence' but i think its for stuff like terrorism or treason. But for the most part no they cant search your house. Check with a major city's police station near by, probably not the one that searched your house though.

Answer 9

There are a few people left that still believe America is a constitutional republic and that the people still have rights. However this is not the truth, the sad truth is, Americans are not free, they have no rights unless they buy them one permit at a time, hunting, fishing and driving etc.... just to name a few.

The cops of today are the Nazi SS and Americans are the Jews. Want to know what is going to happen next, just read your history.

Answer to your question is yes, cops can and will do what ever they please. If the people are unarmed or unwilling to fight for their freedom, there is no hope!

Answer 10

ok for the get entry to of a residing they could enter for some causes with no warrant. if there's a obviously seen emergency(ie hearth, water operating out the door) for sure there change into not a fireplace or the FD might want to have got here to. next is in the journey that they are in pursuit of a suspect who's fleeing them. some dude merely bailed on his experience and runs into your the front door they could and could stick with him into your position. it truly is legal bc they both witnessed this human being enter your residing or you instructed them the guy did. Then there is the only reported by somebody else. in the journey that they see a visual crime both in progression or the info of against the law they could then have in all likelihood reason. it truly is the position it receives confusing inspite of the indisputable fact that. some courts carry that the officer can walk round your position and look as he pleases til he's instructed to go away and if he sees something he can then proceed into the abode. different courts and the way it truly is thoroughly legal and in no way gray area is the seeing it from any public get entry to(sidewalk, force way, pathway to commonly used factors of get entry to to you abode such as the front door or carport door in some cases) if contained in the adventure from public sources to you door the position he or she intends to knock or ring the bell in the journey that they see something amiss they could proceed on. like i suggested it truly is the legal way. yet some courts carry that the ends justify the potential, which in turn leaves them open for a huge lawsuit. in the journey that they'd no warrant and the officer entered your position then refusing to go away and did not arrest then you definitely your gonna make some greenbacks. the female in question besides might want to be charged with trespassing and residential invasion.

Answer 11

The Fourth Amendment to the United States Constitution prohibits search or arrest without a warrant, unless there is probable cause.