Does a state worker and a police officer have the right to search your home?

Question

IN the state of nebraska on a child welfare check which is just someone calling anyomous and stating abuse in home. I mean do they have the right to look under mattress drawers etc. And no this did not happen to me, I always get asked that and I ask questions i am curious about or seen in local news.
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Answer 1

yes, if children are involved they don't need a search warrant!

if a nosy neighbor calls the agency anonymously, they have to follow up and come out and "look" around!!


happened to my in Aurora, Colo, at 4:00am just because a neighbor hated me!!! I then hired a Lawyer, but nothing I could do!!! No, no "reasonable suspicion" is needed, when children are involved.....that's what I taught too....

who the hell gave me thumbs down????

Answer 2

It all depends on the nature of the child neglect or abuse that was accused. They have no right to just look where they want even if you let them into your house. Once they are in, if you let them, you have the right to make them leave at any time.

If they have a search warrant it will almost always be specific as to where they can look. Even with a search warrant they have no right to look in the attic if they are looking for a car. In other words, there must be reason to believe that they will find what they are looking for in every place they look. The exception to this is the plain view rule.Anything in plain view (that is illegal..say a joint on the table) can be used.

I would assume that if someone claimed abuse the only right they would have as a precursory would be to talk to the children in the home and walk through the home without moving or touching anything. They would need specific reason to do anything else.

They would be violating your 4th, 5th, 6th, and 8th amendment rights if they just went into the house and began searching or searched areas that a search warrant did not cover.

Hopefully, this is of some help.

EDIT: Just to clarify what someone else said.

He said..If you ask for a lawyer anything you say after that can't be used against you.
HOWEVER, if you ask for a lawyer then start talking about how you accidently punched your kid...IT CAN BE HELD AGAINST YOU!!!!! I believe what he was trying to say came out wrong because anything you ever say in the presence of a police officer can be held against you. There are exceptions but it can be a gray area that is too much for this clarification.

gogoloo....little side note for you as well...if they want to enter your house they DO need a search warrant unless you let them come in. The search warrant MUST BE SERVED during a time when the person is reasonably expected to be awake and will be a knock warrant (they must knock before entering...no barging in). A nighttime warrant as well as a no knock warrant are normally done only when entering a place with a high danger level and requires a special type of warrant.

Answer 3

They can enter your home if you allow them to. At that point they can just look around - we're not talking about a diligent search in the drawers, under the bed.....
If you don't they come back with a warrant.
Keep in mind, not allowing them to search your home is an instant bad mark and a reason for suspicion.

Answer 4

I've seen child welfare just barge into homes, based on a complaint. I still maintain that 'probable cause' is so distorted now, we're all at risk. If you do not consent and they do not have a warrant, make them get one. Reasons for the search are listed on the warrant.

Answer 5

unless they present a search warrent they do not even have the right to be on your property much less search your house.
And the warent must specify exactly where they can look and what they are looking for.
And you have the right to read the warent before letting them into your home.
If they show up at the door and present a warrent. Tell them that you want a Lawyer right then.
Nothing that you say after that can be used.

Answer 6

It is illegal and violating your 5th (I think) Amendment rights.

A police officer or any form of the government force is not allowed to search your home/valualbles or you without a search warrant.

You might be able to sue if they do this without a legal documented search warrant designated to you.

Answer 7

I don't think tips should be anonymous. They should give their full name and address and when the welfare people/cops come to search a house, the name should be given to the person who is about to be searched.
There are crazy people out there who will call and lie about someone just to get them in trouble.
And if it's found out that they lied, they should be prosecuted.

Answer 8

If they come in with a warrant, they will and can search in any area large enough to hold the items they are looking for on the warrant

Answer 9

If you invite them into your home, anything in plain sight is searchable. If you waive your right to search and seizure; e.g., if an officer asks you if s/he can search a specific item or room, etc., s/he can then search. Most always, any other type of lawful searching requires a search warrent.

Answer 10

You can grab and squeeze any pocket or area where a weapon could be secreted. The squeeze or pat or hand run along is to see if there is a hard object there. Males searching females and vice verso tend to use the back of their hand to pat or run down.

Answer 11

If you either let them, or they have a warrant. I don't know if a state worker can, but police officers can do just about anything. Well, were I live anyway.