looking for someone who no longer lives in your home? Can they break down your door if your not home?
2007-05-08 13:32:55 · 14 answers · asked by FRANCES C 2 in Politics & Government ➔ Law Enforcement & Police
What does a warrant look like? What does it say - does the address where they come to needs to be on it?
2007-05-08 14:33:34 · update #1
No, this is against the 4th Amendment and I quote:
"The right of the people 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 to be searched, and the persons or things to be seized."
This is a deffinent NO!
Deffend what we as American citizens have left in this country. They can't take away our rights, The Bill of Rights, or The Constitution!
"They can take away our land, they can take away our homes, but they can NEVER take away our freedom!" - William Wallace
Our freedom falls into the category of our rights. Because our rights IS our freedom.
"Give me Liberty, or give me Death!" - Patrick Henry
2007-05-08 13:47:47 · answer #1 · answered by Bubman 2 · 0⤊ 0⤋
Normally they will need a warrant. Exceptions to this include consensual searches, and "hot-pursuit" situations where the police (or sheriff) is chasing someone and observe them enter your home. An arrest warrant is as good as a search warrant if probable cause exists to believe that person is in your home. In situations like these, force can be used to gain entry into your home.
2007-05-08 21:05:33 · answer #2 · answered by LawDawg 5 · 0⤊ 0⤋
It depends ...
It depends on the circumstances and all the details. If they have an arrest warrant for the person and good reason to believe he still lives there, then they can generally force entry. Likewise, if the person is on probation or parole and the address is listed as their current address, they may very well have sufficient cause to force entry (though this might vary by state and conditions of release). There are also other exigencies that might permit the warrantless of entry of law enforcement.
In summary, it really depends on all the facts. If you have a complaint against some officers, contact their agency - perhaps you can find out more of the facts and justification. If you feel that you have a lawsuit for something, speak to an attorney.
- Carl
2007-05-08 20:40:47 · answer #3 · answered by cdwjava 3 · 1⤊ 0⤋
depends on the situation, if they seen the person they needed & they ran into the house they dont need a warrant. Now if they just came & kicked down your door & said they ahd a search warrant they should have showed you a paper signed by the judge. All laws are different in some states but I think that one is for every state.
2007-05-12 20:24:56 · answer #4 · answered by Lacey M 2 · 0⤊ 0⤋
Not without a warrant,but if they have probable cause such as smelling marijuana or hearing someone screaming for help they can.However the sheriff 's office is responsible for serving warrants,and other courthouse type duties so they shouldn't be there unless they have a bench warrant.
2007-05-08 20:42:59 · answer #5 · answered by Ultramegathree 2 · 0⤊ 0⤋
Not unless they were chasing someone or "in hot pursuit". Bail bondsmen on the other hand at least in Florida, can just come in without the consent of the home owner or renter.
2007-05-08 20:51:02 · answer #6 · answered by robert b thelonius 1 · 0⤊ 0⤋
Nope. Unless said person "fled" into your home while they were in pursuit. but if there was no pursuit, then they can't enter your home without a search warrant or a warrant for arrest.
2007-05-08 20:37:19 · answer #7 · answered by arus.geo 7 · 0⤊ 1⤋
Yes, this happened to a friend of mine. He was sleeping and the cops busted in his home, literally and had him at gunpoint in bed...then realized he wasn't who they were looking for. They weren't even in the right place! They were responsible for nothing, didn't have to repair his door or anything. It's kind of scary!
2007-05-08 20:41:43 · answer #8 · answered by pinkluxe 3 · 0⤊ 0⤋
If they don't have a warrant they have to have probable cause that he/she is in there... like they chased him/her in, or the neighbor/witness said they saw him/her go in...
2007-05-08 20:40:20 · answer #9 · answered by i_love_my_mp 5 · 0⤊ 0⤋
Not without a warrent. This constitutes unreasonable search and seizure, and possibly other federal laws.
2007-05-09 07:34:53 · answer #10 · answered by WC 7 · 0⤊ 0⤋