Law question?

Question

If a police officer comes to your door and you let them in your house do they have the right to look any where in your house without a search warrant?

FYI this is being asked because of a bet with a friend. I'm not seeking advice because I need it but just to win the bet. Thank you all, so far great answers!

Answer 1

Let's expand your question a bit. I come to your door selling tickets to the Policeman's Ball. You invite me in. Can I now search your home? No, I have no probable cause to do that.

As I am standing in your living room, waiting for you to buy the tickets, can I look around while I stand there? Yes, you did invite me in and just looking at things in plain view is not a search.

While I am standing there, I SEE your clear plastic trash bag of Marijuana on the couch. Can I legally sieze the pot and arrest you? Yes, that falls under the Plain View Doctrine. I do not need a warrant.

While I am standing there, I SMELL the odor of your Marijuana stash, but can not see it. Can I now search the house? No. I have to go get a warrant for that and cite the odor as my probable cause.

I come to your door and tell you that I think you stole some auto parts and I want to talk to you about it. You invite me in. Can I now search the house for the parts. No, you did not give me permission to search by inviting me in. Once in your living room, can I look at the room for the stolen parts. Yes, if the items are in plain view, I can not look under the couch or go through the closet. I ask if I can search the house and you allow it. If I find the stolen parts, can they be seized as evidence even though I did not have a warrant? Yes, you gave permission for the search. What happens if you decide to rescind the permission to search. I would remove you from your house and we would wait outside while a warrant is written to continue the search. What happens if you just refuse to allow the search at all. I have to go get a warrant and justisify the search. I must supply the judge with probable cause.

Hope all this helps. My fingers are cramping up.

Answer 2

The laws of arrest, search, and seizure are complicated. If this was a warantless search, then the police must show the search was justified. The search may be justified in a number of ways. Were there extenuating circumstances for them to be there. Were they given permission to search. Did the person who gave permission to search have the authority to give that permission.
There is a plain sight rule that may come into play if the officer has legally entered the residence. Even then If evidence of a crime is found a warrant should be obtained before searching for additional evidence, unless any delay could endanger the safety of another person.
If the search or any part of the search was determined to be illegal any evidence found during the illegal search would be tainted and inadmissible in court.
A persons residence has the highest expectation of privacy, and there is a greater burden on the police to show justification for any warantless search.

Answer 3

NO! However if they were to see (in plain sight) a baggy of marijuana (or more) then they have right to search any area of the home where marijuana might be hidden. If they see a firearm then they can look anywhere a firearm might be hidden. If you tell them they cannot search before they find anything they have to leave. A lot of the answer to that question depends on why they are there in the first place. If they were chasing a suspect and that person ran into your house they don 't need a warrant and can look anywhere they feel the person could be hiding. It is actually a pretty broad question to answer in a paragraph or so without know why they were there in the first place. So to answer your question in one word SOMETIMES......

Answer 4

Depends on the situation.
Officers can enter and search the premises only under specific conditions.
1. You or someone that lives at the residence gives written or verbal consent.
2. If officers are attempting to apprehend someone that is seen going into your residence.
3. If they have an arrest paper on someone that lives at the residence. If the paper lists that address as the primary residence, the officers can come in and search the premises for the subject.
Any illegal substances found during the above instances can be considered a legal search.
An attorney could provide further assistance.

Answer 5

If you let them in and don't stop them from going into certain rooms, then yes. If you asked them to stop and they don't have reasonable suspicion that a crime is being commited or that someones life is in immenent danger, then no, they don't. Always tell them no when they ask to look, no matter what. If they could do it without permission, they wouldn't have asked. Just like every episode of cops. When they ask to search the car, just say no. The morons on that show always say yes, thinking the cop would NEVER find the 3 pounds of coke "hidden" in the glovebox. If they would have declined the search, they wouldn't have been doing time. And don't buy the "what do you have to hide" B.S. they feed you, its your 4th amendment right to be secure in your person and property from unwarranted searches and seizures. Just tell them to read the Constitution and close the door.

Answer 6

You can let them in, but if you have things that indicate something is amiss, then they have probable cause to search your entire house.
The police was always called to my ex's house, but he did a lot of covering up. He did have things I didn't know about until the day I packed up and moved. So they never had probable cause. Funny thing is he never had walls on the interior of the house, so the police could see every room just by walking in.

Answer 7

It's better to slam the door in their face. IF I say IF I ever let one in again he better have his attitude in butt kissing mode. IF they want to come in and look I have a statement typed up that says if I sign a waiver to my right to allow them to have a look around everything will be put back in it's original place or the department will pay me $40.00 per hour for me to straighten it back out. Anything that gets broken during the search will cost the the replacement cost plus 10%. They will never sign such a document so if we should ever go to court I can tell the judge that I cooperated and offered to allow them to search without a warrant but the officer declined. I offered the document only to protect myself from damage and further inconvenience, and theft. I also have the same basic document for my car. Fair is fair and their reputation is bad so I have to protect my own interests. I hope you pass this information along. It is legal and the cops may not like it but unless they can get a warrant it will stop them from lying and scaring people into allowing them to search just because they have nothing better to do or telling a judge that they did not cooperate with the police. It also shows that you have nothing to hide because you said they can search as long as they are willing to pay for damages or inconvenience

Answer 8

You let the police officer in, anything reasonablely visible is fair game. An example would be people passing rocks of Cocaine back an forth with large piles of cash on the table. In this situation, you could be in trouble.

If the police officer was just in the front stoop and you walked into another room to get something, he can't snoop around. For instance, you leave the room and he looks in your couch to realize you've torn the Do Not Remove tags off your cushions, he can't fine you.

The standard is whatever is reasonable and you allowed him to access. He must stop and leave at your word.

Answer 9

No, but anything that they can see can be used as evidence against you and possibly seized. Often they will ask "mind if we look around?" Always say "Yes, I do mind. You do not have my permission to search." The best advice is to never let cops or any government agents in your home without a search warrant. They are not your friends and only seek to do you harm.

Answer 10

Nope. Not unless they ask you and you say yes. However if an officer comes to your place and the door is opened and you are not there, they do have a right to look around and anything they find can be held in a court of law.