If a detective search your house without a search warrant or a consent form and said he received a verbal?

Question

So can a detective search without a search warrant or a consent form? but later said he/she received a verbal from the other party.

Answer 1

it depends what state your in and what was found....the law is never clear

Answer 2

Search and siezure law is a complicated and difficult topic. The courts have been quite divided over whether both parties who live at an address must consent to a search, or if only one is necessary.

Anyone who is present at an address may *generally* let an officer into the home. When there, any contraband which is in plain sight doesn't need a search warrant to be siezed.. in other words, if someone lets an officer in, and the bong is sitting on the coffee table, no warrant is needed.

However, generally, an officer must have either a search warrant or permission from one of the occupants of the dwelling to search. The question is: was the person who allegedly allowed the search the normal occupant of the dwelling, and did the officer reasonably believe so?

If you believe there was an illegal search, this is something you need to discuss with your attorney. Your attorney can review the entire situation, will know how the courts in your location treat this type of matter, and can give you more specific advise. For a referral to a local attorney, contact your state or local bar association.

Answer 3

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Its a sensible way to start. The site allows you to do a no cost scan simply to find out if any sort of data is in existence. A smaller analysis is done without cost. To get a detailed report its a modest payment.

You may not realize how many good reasons there are to try and find out more about the people around you. After all, whether you're talking about new friends, employees, doctors, caretakers for elderly family members, or even significant others, you, as a citizen, have a right to know whether the people you surround yourself with are who they say they are. This goes double in any situation that involves your children, which not only includes teachers and babysitters, but also scout masters, little league coaches and others. Bottom line, if you want to find out more about someone, you should perform a background check.

Answer 4

No, it is illegal to enter without consent or a warrant. And the other party cannot issue one, he needs a judge to get one, and it has to be in writing if it's not an emergency.

It is absolutly not allowed, the constitution requires a warrant. If he breaks in (and that is defined as breaking in) You are not liable if, say, you shoot and Kill him (not recommended). It's your property, and he needs a warrant.

And verbal is not enough, the answer right above me is WRONG. Verbal is not permissible as evidence. signed consent or a warrant. nothing else. Unless it was you who gave him the verbal consent... But the other party cannot give him permission.

Answer 5

Your son is probably mendacity. A police officer might seek a motor vehicle if there is in all probability reason yet you're saying he have been given a warrant which you besides mght desire in all probability reason to acquire. So if the officer had in all probability reason for a warrant then he had in all probability reason to seek the motor vehicle instant without warrant so why might he tow the motor vehicle and get a warrant? Do you notice what i'm asserting?

Answer 6

Verbal consent is absolutely enough for them to perform a search.

Answer 7

No, a warrant is required, every time. Besides, what did he mean by "a verbal from the other party"? It doesn't make sense. You may find this link useful for the powers of the police in this context. http://www.freebeagles.org/articles/Legal_Booklet_4/lb4-7.html

Answer 8

Did you invite him into your house? Did he convince you it was legitamate and you let him in? If so, you shouldn't have. If he does not have consent or warrant, it is your right say no...then it's up to him wether he will enter by force anyway.

Answer 9

I doubt it, but if he said he had verbal consent, it boils down to your word against his, and I wouldn't count on a judge/court taking your side. Good luck.

Answer 10

No.. Signed Consent

Answer 11

YES IF YOU VERBALLY COMMIT TO ALLOWING THE DETECTIVE TO SEARCH THE HOME, THE DETECTIVE HAS EVERY RIGHT TO SEARCH. IF YOU OR ANYBODY THAT LIVES IN THE HOUSE SAYS YES THE DT WILL SEARCH OTHER THAN THAT HE HAS NO RIGHT TO ENTER UNLESS HE FEELS THAT SOMEONES LIFE IS IN IMMINENT DANGER.