can any one tell me if the police can just walk into your home with out knocking or being asked in? thanks an

Answer 1

need more facts than this...there are several exceptions to the knock rule...you havent given us anything to work with....under these different exceptions,a broad answer to your question is Yes

Answer 2

With a warrant, if that warrant is obtained for reasons of a serious nature then the police can break your door down to gain access.

e.g. If you are suspected of being a drug dealer.

In other circumstances a warrant would not be necessary e.g.
neighbours are concerned for an elderly person and there is no answer to a locked door, they will force entry.

Generally they will knock on the door, however, there is a complaints procedure if you think the police have not followed a proper procedure, a solicitor can give advice against your specific situation.

Answer 3

To answer the statement “if the police can just walk into your home with out knocking or being asked in? ” depends on the totality of the circumstances. The Fourth Amendment of the Bill of Rights guarantees that the people have a right to be secure in their persons, 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, and the persons or things to be seized (Mount, 2005).

Even felons have a right to privacy. Payton v. New York, 445 U.S. 573 (1980), held that, absent exigent circumstances or consent, a law enforcement officer may not make a warrantless entry into a suspect’s home to make a routine felony arrest (Katz, 2001). Unless exigent circumstances exist, which are important factors to be considered whether exigency exists, no warrantless entry will be made into the dwelling without a search warrant or consent from the dwelling’s owner or co-owner.

An unconstitutional entry into a dwelling to arrest a dangerous felon or a drug offender may result in the suppression of evidence. The United States Supreme Court has held that, in the absence of exigent circumstances, an arrest may be made at home only with a warrant, and there must be reason to believe the suspect is inside the home (Katz, 2001). Based on the Wilson v. Arkansas case, the U.S. Supreme Court’s interpretation of the Fourth Amendment incorporated the principle of “knock and announce” prior to entering a residence. The knock and announce requirement, well-established in England by the 18th Century, quickly became woven into the fabric of early American Law and despite many exceptions and history of abuse, some form of notice or demand for admission generally preceded the service of general warrants and writs of assistance in early Colonial America (Bulzomi, 1997).

However, the Court also ruled that there are exceptions to the rule and the announcement of the presence of officers is just a factor for consideration in assessing the reasonableness of the search or the seizure. The Court indicated that exceptions to the rule must be determined on a case-by-case basis (Katz, 2001). In Ker v. California, there were three exceptions to the general rule of unannounced police entry is a violation of the Fourth Amendment. These exceptions to the rules are as follows; 1) where the persons within already know the officers’ authority to enter; 2) where the officers are justified in the belief that persons within are in imminent peril of bodily harm; or 3) where those within are engaged in the destruction of evidence (Katz, 2001).

If there are exigent factors that exists prior to the application of the search warrant, the issuing judge may waive knock and announce rule. If there is probable cause to believe the exigent factors listed in the affidavit exists, the knock and announce rule may be waived. The exigent factors are as follows; 1) the officers are at risk of serious physical harm by complying with the knock and announce rule, 2) set forth the facts on which the belief is based, including the names of persons who pose the risk of harm; and 3) verify that the place to be searched is the correct address of the location (Katz, 2001).

Answer 4

Hi... in the UK, there are a number of reasons that the Police can enter your home without knocking or being asked in, and WITHOUT a warrant. They can enter your home if you are wanted, they can enter if you have committed an offence that can be tried either way (summary/indictable) or just indictable, they can also enter under various acts of law, eg. Section 18 Police and Criminal Evidence Act (PACE) - entry to locate evidence of an offence once someone's been arrested - can be done at the time of the arrest or after, with an Inspector's authority; Section 17 PACE - concern for some - to save life and limb etc. There's loads of reasons they can enter. Hope this helps answer your question.

Answer 5

Depends on the circumstances.Under the Police and Criminal Evidence Act as well as common law they have a number of wide ranging powers of entry.It would help if you gave more info.All the talk of warrants here is ill informed rubbish ,the police rarely use warrants now except for drugs raids and certain specific reasons for most other things there is a power of entry without warrant.this of course is the UK not America.
Ben G has listed most but there are more one being to protect life and extinquish fire.Of course no one has mentioned they can do it by force and arrest anyone trying to stop them.

Answer 6

In the following circumstances they can:-
They believe a person in your home has just left the scene of a road accident without stopping and they believe they may be under the influence
Following a serious crime such as a murder
If they have concern for welfare, or to protect life or limb
\If they belive firearms are being kept on the premises illegally
If they suspect involvement in terrorism
If they have a warrant to serach the premises
If they have been pursuing a suspect and they see him / her enter the premises

Hope this is helpful

Answer 7

In the UK, the main laws covering the police entering your property are:

Warrant - issued by the Magistrate's court based on evidence.
Officer requires Magistrates authority

Police & Criminal Evidence Act 1984:

s. 17 - Power to enter a property to search for a PERSON who has committed an indictable offence, is at large, is at serious risk of life/limb (and various other reasons).
Officer requires NO authority

s.18 - Power to search any property occupied or controlled by a person under arrest for evidence of the offence or any offence linked to it.
Officer usually requires Inspector's authority

s. 32 - Power to search any property a person was in immediately before being arrested, for evidence of that offence.
Officer requires NO authority

Breach Of Peace (common law) - if officer thinks breach likely etc. (pretty much a blanket power) but cannot 'search' your property.

99% of the time, one of the above is used during a house search, however, others (specifically written in legislation) can be used. I have simplified them above, as there is a lot more detail involved. If your house is searched you will always be left with documentation explaining the legal power used to do so. Any problems, take this to a solicitor who will happily explain the obvious to you (that it was in fact a lawful search) and request a lot of money for doing so.

Answer 8

You need a little more detail about what happened in your question.

To just walk into your house cold without a warrant or reason, no..

The exceptions to the warrant rule would include: plain view (did they look in the window or open door and see a pound of cocaine on the coffee table), fresh pursuit (chasing someone who ran into the house), or exigent circumstances (someone getting assaulted inside or someone laying on the floor from a heart attack, etc.).

Answer 9

It depends on if they have a warrant or probable cause. If they have neither then no they cannot just come into your house. We are protected against unlawful search and seizure under the constitution. If they did that without cause they broke the law.

Answer 10

In the UK they can enter to arrest someone or to save life. They can also enter to search under certain circumstances (where someone they have arrested lives at the address or if the arrested person was there when arrested or immediately before they were arrested.) There are other grounds but these are the main ones.

Answer 11

There are many exceptions to the warrant requirement. With the information you gave, or lack thereof, you cannot get an absolute yes or no to your question. I believe there is a lot more to the story the you are willing to tell.