Yes. Laws still apply, even on private property. If they didn't, what would happen if you were robbed or shot on private property? When you called 911, would they tell you "sorry, but it's private property." No. Laws apply and are enforceable on private property.
2007-02-16 17:44:46
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answer #1
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answered by dh1977 7
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Under certain circumstances, yes. If the property is not your property, the police can arrest you there. It's not your property or you have no possessory interest in the property (you aren't renting the property or hotel room, etc), so presumably you have no expectation of privacy. Therefore, you would not have standing to complain in court about it.
Additionally, sometimes the police may need to come onto your property or even in your house if a crime is being committed there or if you are being chased and you run inside your house. Or, if the cops have a warrant, they can come inside your house.
A lot of private property is totally fair game anyway. For instance, your front lawn and driveway are just not protected under the 4th Amendment. It's out in the open for everyone to see with no fense or covering around it, so you would have no expectation of privacy. Cops can enter on to the land and arrest you if you are there. I don't know the details of this private street, but it is probably like your front yard and driveway. Worse, the private street may be shared by many different people. If so, it might as well be open to the public (and therefore the cops). Even if it's not, the fact that there is no gate and no "no trespassing" signs on the property means that there is no protection. Also, again, a warrant would make this all meaningless anyway.
If you have a fense around your property as well as trespassing signs, that may be a different thing. A warrant might be necessary.
However, even if the cops totally mess up and arrest you in your house with no warrant and no circumstances justifying a warrantless arrest after an entry in your house, what is the remedy? Certainly, there are civil remedies. You can sue for damages. But it doesn't get you out of trouble. It won't get you released from jail. It may cause the supression of evidence that was obtained because of the arrest and entry of the house. But if this evidence was obtained elsewhere, there may not be a remedy.
2007-02-16 20:18:14
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answer #2
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answered by Erik B 3
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The answer to this question comes in two parts. If a police officer observes a suspect behaving in a fashion that would convince a reasonable person that a crime was about to occur, then the officer may make the arrest UNLESS the suspect is inside of a private home. If the offense is a felony, the so called
"Hot Pursuit" rule can apply, which allows entry into a private home without a warrant to arrest a fleeing felon. The key points are that the arrest and the alleged offense must occur in a close enough space of time that they would be considered one sequence of events.
Now, if the offense is a misdemeanor or a traffic offense, the
hot pursuit rule generally does not apply, but if the suspect is outside, he is fair game providing that there is probable cause to arrest him.
2007-02-16 17:54:26
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answer #3
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answered by Jeffrey V 4
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A police officer can go anywhere the UPS driver, milkman, paperboy or any other person can go. He can do so without a warrant and without probable cause or reasonable suspicion.
In order to make an arrest he must have probable cause a suspect committed a crime. In order to contact you and pat you down for weapons he must have reasonable suspicion a crime is being or about to be committed.
Most places he must get a search warrant to enter a residence or vehicle but it varies by state.
And finally, if you think you got it bad here in the good ol' US of A, go to Germany and tell a Polizei Officer to kiss your @$$ when he asks for your ID.
2007-02-16 18:55:13
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answer #4
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answered by Combatcop 5
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You can only be busted if you either commited a crime or managed to make yourself a suspect. Once you meet either of those scenarios it doesn't matter where you are, they can come get you once they have a warrant for your arrest.
As for that private street, I suggest you hit up the local law library, those kind of rules vary state by state, and possibly county by county. I'm inclined to believe they can though.
2007-02-16 17:55:27
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answer #5
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answered by Teresa C 2
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If they have either probable cause or a warrant,
yes, they can get you out of anyones property
if they suspect you are up to something illegal.............
PRIVATE streets, they will still bust you on one if
you are committing a crime...........................................
2007-02-16 23:35:55
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answer #6
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answered by gorglin 5
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Yes. But they don't come looking for you unless they suspect you might have done something, uh, illegal?
2007-02-16 17:52:28
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answer #7
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answered by Lightshow 2
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yes of course
2007-02-17 02:28:06
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answer #8
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answered by Anonymous
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YES if they have any reson to suspect anything,BUT YOU CAN DEMAND A SEARCH WARRANT
2007-02-16 17:50:07
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answer #9
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answered by PAT c 1
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yes they are. They can arrest you from your own home.
2007-02-16 17:45:05
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answer #10
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answered by 'lil peanut 6
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