Do you have to allow police to search your home if they say they have probable cause?

Question

I have a friend who says that the police came to his house and asked to come inside and look for a stolen television. He claims that he said "No." and shut the door.

Can he do that or would they have just busted the door down and arrested him?

Answer 1

They need a warrant. Probable cause is only works if they can see something clearly illegal in plain view.

Yes, he can do that. There is a reason that they have to ask.

Answer 2

They need probable cause to obtain a warrant. That is the optimal constitutional search. They can search with the owner's permission (unless the owner leases or rents to a third party, then they have to have the tenant's permission). Let's see, there is search incident to arrest but that's in the immediate area of the arrest. Then there is exigent circumstances where imminent belief of serious bodily injury or death if they do not enter. No search purely on probable cause.

Answer 3

The police have to have probable cause when they go present before a judge to get a warrant to search a house. Your friend doesn't have to let anyone in without a warrant and even then he can call the local precinct and check the validity before he allows them in. It's only with vehicles that a warrant isn't needed for a search.

Answer 4

The Fourth Amendment protects the people and their property from unlawful search and seizures wihout a valid warrant.

You friend was entirely within his rights to object to the unwarranted search of his property.

However, cops are known for dummying up probable cause statements, claiming exigent circunstances merited the unwarranted search.

Answer 5

Police will often say the have probable cause to see if they can get the owner's consent. It saves them the time of seeing a judge to get the necessary warrant. Based on the facts as you have described them, what your friend did was perfectly legal.

Answer 6

If they "asked" then they probably had no right to come in. If they had probable cause or a warrant, they would have checked.

Most people are intimidated and will say yes. Then others feel they have nothing to hide and don't press the issue about their rights so they'd let them in to bother them anyway.

Answer 7

Yea he can do that. They need a warrant unless somebody just ran into his house with police on hot pursuit.

Obvioiusly if they hold gun to his face he'll have no choice, but to go to court later.

Answer 8

They need a search warrant. It is an Amendment in the Constitution.

Answer 9

curiously, the officers had sufficient reason to cajole a opt to situation a warrant. the final public of seek warrants do not pan out, however the officers have been waiting to verbalize sufficient info to get a warrant.

Answer 10

Here's a tip:

If they actually do have probably cause, they won't be asking -- because they won't have to. They'll just come in.