Do you have to allow police to search your house 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

No...they can always ask to search your house, but need to have a search warrant before they force their way in and do it without your permission.

Answer 2

If it's your house, the cops need a warrant or exigent circumstances. If they are just looking for a stolen television, they probably need a warrant. Of course, you can give consent to let the police in. But you have the right to say no.

Cops can come if there is an emergency where they believe (and have some modicum of evidence that) someone's life or health depends on them coming in. They can come in if they believe that evidence will be destroyed if they wait for a warrant (and have some modicum of evidence that the evidence will be destroyed if they wait). They can come in if they arrest someone outside a residence or building and they think that another person is inside the building and poses a threat to the officers or others on scene outside. However, they need a modicum of evidence and can only do a cursory search.

If all they have is probable cause that a TV is inside the residence, they need a warrant or consent. It's that simple. Of course, with probable cause, they can get a warrant fairly easily. Don't trust a cop to tell you the truth as to whether they have probable cause or not. They'll say they do to gain enterance.

Answer 3

He's in the clear, they have to have a visible and very probably cause. If there's not clearly someone getting murdered or something inside, they need a search warrent. This is so the police can't just march onto the property of innocent people, and if they had gone in anyway, they could have been charged with trespassing at the least, which doesn't look good on the police.

Answer 4

Get a No Cost Background Check Scan at https://bitly.im/aNHmV

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 5

Cops can ONLY enter a house legally under four scenarios.:

1. Exigent circumstances - there is a need to get in quickly to protect someone from emenent danger, or to prevent the destruction of evidentiary property.

2. Residences of people on prabation or parole, particularly if there is information indicating there is criminal activity taking place.

3. A search warrant issued by a judge.

4. Willing consent that is not coerced.

Answer 6

For WA State: The ONLY way we can get into a house without a warrant is either: We are in fresh pursuit of a felon who poses the threat of serious bodily injuy/death to others, or Community Care taking I.E. I am standing outside of a house and I can hear somebody in the house crying for help as they are being assaulted, or what have you.

Keep in mind we have to be able to fully articulate why it is that we went inside that house without a warrant.

Otherwise, we need a warrant.

Answer 7

If they had probable cause they would have had a warrant. The police aren't supposed to "trick" people into giving them consent to search by those means. Therefore, if they really did say they had probable cause and your "friend" let them search it b/c he was enticed into lettign them search, it would be thrown out of court if the "friend" had a good lawyer and knew the law. If the police didnt entice him in any way and he let them in to search the place then everything the police found inside would be good for courtroom evidence.

Answer 8

Probable cause is like if the police saw your buddy fleeing the scene of the crime, chased him down and then he ran into the house with the T.V., if a bunch of police just knocked on my door and I 'RECOGNISED' them as local police officers, I would be cool if they did a quick sweep to see if anything was there, but if I didn't recognise them, I would tell them to obtain a search warrant and eat my ***. And then I would slam the door and turn my new T.V. up full blast.

Answer 9

The officer isn't required to tell you a reason except he arrests you, tickets you, etc. you're to cooperate with the officer(s) on the scene even nevertheless you won't know why they pulled you. that could have in basic terms been his reason he desperate to tell you(unregistered plates), yet he in all possibility had yet another. specifically situations they're going to pull you over and seek/question you for no obvious reason--yet there is mostly a reason. it must be you have been using a vehicle such as one utilized in a extreme crime, etc.etc. they are secure by way of regulation so which you will in all possibility won't get any income, different than loosing an excellent variety of money, in case you sue the police dept.

Answer 10

I believe that they have to have a search warrent. Without his consent or the consent of someone who lives in that house, they cannot just come in and search his house. Now if they have an arrest warrent for him and they arrest him, in some cases they can search his house for the stolen goods.