during a probation search can police enter home when no one is home
2007-03-04 15:05:48 · 23 answers · asked by Barbara C 1 in Politics & Government ➔ Law Enforcement & Police
NO THEY CAN'T ENTER YOUR HOME!
2007-03-04 15:08:02 · answer #1 · answered by Anonymous · 0⤊ 4⤋
"December 11, 2001 --
The Supreme Court ruled yesterday that authorities in California need not obtain a warrant before searching the homes of certain criminals who have been released on probation, a decision that strengthens the hand of law enforcement officials in the nation's largest state and could encourage other states to adopt its practices."
CA can get away with this because when people are placed on probation, they often have to sign a "waiver" which allows their probation officers the right to search their home without permission -- even if no one is home. Probation officers can then give permission to police officers to conduct a search.
You may have signed something similar if you live in a state other than CA.
2007-03-04 15:51:42 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Generally police can NOT enter homes without a warrant but there are exceptions.
For example if the officer feels there is a danger, crime or fleeing fugitive inside the home. There are many other reasons under the Constitution but it would be too lengthy.
If you are on probation it would depend on the terms of your probation. If for example your probationary terms indicate that your home can be searched for narcotics, fruits of the crime or other instrumentality's of a crime then yes they can.
2007-03-04 16:10:11 · answer #3 · answered by flafuncop 2 · 0⤊ 0⤋
Yes, with a search warrant.
2007-03-04 15:08:18 · answer #4 · answered by shendley04 3 · 0⤊ 0⤋
If they have a search warrant, they can.
I'm not sure about the specifics of a probation search though.
2007-03-04 15:08:12 · answer #5 · answered by Vegan 7 · 0⤊ 0⤋
Police do not need a warrant if you are on probabtion. Your consent to search is granted as part of the term of your probabtion.
2007-03-04 16:03:28 · answer #6 · answered by jh 6 2 · 0⤊ 0⤋
If they have probably cause, absolutely...and that means, even if they do not have a search warrant.
Example, if they hear or see something that gives them 'probably cause', i.e....a scream inside the house, a door busted open, etc, they can enter any domicile. They'll just have to have a good reason for being in that general vicinity when it goes to court.
2007-03-04 15:08:02 · answer #7 · answered by ark 3 · 1⤊ 1⤋
If a police or a theif wants to enter your home, the best time would be when no one else is there.
2007-03-04 15:10:34 · answer #8 · answered by Aleqa 1 · 0⤊ 1⤋
Yes. All they need is a warrant to search.
2007-03-04 15:08:13 · answer #9 · answered by Who Knew? 4 · 0⤊ 0⤋
Yes. If you are on probation, you have given consent, so no warrant is needed.
2007-03-04 15:10:18 · answer #10 · answered by Anonymous · 1⤊ 0⤋
Psh, police do whatever they want.
But they'd need a search warrant, but of course they'd probably just go in anyways when your not there.
2007-03-04 15:07:52 · answer #11 · answered by sabrinashakedownn 2 · 0⤊ 0⤋