can police go in home with no warrant?

Question

in my question earlier i failed to say that his 16 year old daughter did NOT let them in ... she heard a knock and unlocked the door assuming it was us but NEVER said come in !

Answer 1

No, this is illegal and in violation of the law; however their are 4 exceptions to this rule, when a police officer can search your house with out a warrant.

(1) Consent. If the person who is in control of the property consents to the search without being coerced or tricked into doing so, a search without a warrant is valid. Note that police do not have to tell you that you have the right to refuse a search, but you do. Also, note that if you have a roommate, he or she can consent to a search of the common areas of your dwelling (kitchen, living room), but not to your private areas (bedroom, for instance). On the other hand, the Supreme Court recently ruled that one spouse cannot consent to the search of a house on behalf of the other.

(2) Plain View. If a police officer already has the right to be on your property and sees contraband or evidence of a crime that is clearly visible, that object may be lawfully seized and used as evidence. For example, if the police are in your house on a domestic violence call and see marijuana plants on the windowsill, the plants can be seized as evidence.

(3) Search Incident to Arrest. If you are being arrested in your house, police officers may search for weapons or other accomplices to protect their safety (known as a "protective sweep"), or they may otherwise search to prevent the destruction of evidence.

(4) Exigent Circumstances. This exception refers to emergency situations where the process of getting a valid search warrant could compromise public safety or could lead to a loss of evidence. This encompasses instances of "hot pursuit" in which a suspect is about to escape. A recent California Supreme Court decision ruled that police may enter a DUI suspect's home without a warrant on the basis of the theory that important evidence, namely the suspect's blood alcohol level, may be lost otherwise.

That's a lot of specifics, to be sure, but they are important legal distinctions. This wording means that if officers have a warrant to search your house, they don't get automatic authority to also search your car parked outside on the curb; or, if the object specified is a stolen painting, they can't rummage through your underwear drawer, unless, of course, the painting could fit into that space.

Note that you may ask to read the search warrant or have the officer read it to you.

So what should you do if the police show up at your house "just wanting to look around?" It's not in your best interest to deny them access because there may be extenuating circumstances that you don't know about; you certainly don't want to risk physical injury or being charged with interfering with a police investigation when you didn't have anything to hide in the first place.

However, do make it clear that you are not consenting to the search. Ask the officers for identification and an explanation as to why they are there and what they're looking for. Also, write down details of the search as soon as possible, in case you need them later.

Answer 2

1

Answer 3

Under the 14th Ammendment, the people enjoy the right to be "secure in their persons, places,papers and things" against unreasonable search and seizure by police and those acting as their agents.
As with most, there are exceptions to this rule. 1. Hot pursuit.
If police are in hot pursuit of a fleeing felon, then the warrant requirement doesnt apply. 2. Public safety-if the person pursued is a danger to themself or others. 3. Destruction of evidence-if to prevent destruction of otherwise seizable evidence. And of course there are others.
The key question seems to be if the teenager had legal capacity to consent. In Minnesota v.Olsen the issue was if a tenant in a rented room had acquired a right to privacy similar to that of the owners of the home. The Court in Olsen ruled that a
rental of a room in a house or a hotel creates a leasehold, which simply defined is one half of title to that property, equitable title, the other half of course being legal title. So, only if the child in question was somehow incompetent, or otherwise lacked capacity to consent, then the search would be treated the same as any other unlawful search, and all of the exclusionary rules will apply. You should know that silence can in some cases be
construed as consent.

Answer 4

No they can not come in the house unless they are in pursuit of someone and they see them go into your house or if when they come to the door they see any illegal activity going on in the home. Other than that they do need a search warrant.
If there was an arrest when they went in or if anyone was charged of anything because of them entering into your home then that could be thrown out due this. If nothing happened while in your house, then you can try to do something but it is a hard thing to sue for. All them usually get thrown out.

Answer 5

She is a monor at a residence where there may or may not be a controlled substance. they can enter under the claim of health and welfare, but still cannot execute a search. in order to actually question her they would have to secure her fathers permission or cantact a child advocate. the only other way they can talk to her is if the state you are in allows minors of a certain age to waive their right to a child advocate and speak without parents consent. The warrant issue still stands. no warrant , no search. probable cause can only get you so far, after that the cops need to bring something the judge can work with. granting warrants carte blanc to police is a good way to find yourself not being re-nominated for the judges seat.

Answer 6

Russellma sets forth the best answer. Although a search warrant is typically required for police to go in your home, there are 4 exceptions to the search/arrest warrant requirement for police to search a home residence without a search/arrest warrant. Good job Russellma!! You must be an attorney or must have taken criminal procedure in law school.

Answer 7

Sorry, I don't know the preamble.

Police are empowered by a society to enforce the will of a society. In certain circumstances, different societies see the invasion of privacy as a lesser evil than the evils that can be percieved.

Police are individual humans. They are fallible. They may commit crimes in the attempt to prevent them. There is no certainty in this situation. Police are instruments and have powers and great responsibility that accompanies those powers.

Justice is an ideal. Pursue justice will erhnest and societies will listen. Sue for justice selfishly and your peers will forsake you.

Be patient and you will recieve patience.

Good luck.

Answer 8

There are certainly a number of legitimate reasons they can come in without a warrant. But, they are also trained to avoid the need for one.

Example: "Hello, Ms. Smith. Would you mind if we came inside for a moment?"

Basic respect for the police instilled in most of us, especially children, will cause an immediate and unconscious agreement to the request. Congratulations, you've just eliminated the need for a warrant and all the objections in court related to it.

Answer 9

A police officer can not enter your home forcefully without a search warrant, but if you invite them in, yes. In addition to the police making a judgment call of imminent danger for anyone residing or visiting there.

Answer 10

Could be a Texas warrant, cop at front door knocks, one cop stands at the back door and yell come in! and the cop at the front door walks in.