do they have the rigth to search u if they did not ask?
2007-06-30 13:02:31 · 14 answers · asked by Anonymous in Politics & Government ➔ Law Enforcement & Police
Police have to have a search warrant, signed by a judge, and based upon "probable cause" [i.e., good reasons based on information or evidence] to search your home. They not only have to show you the warrant, they also have to leave a copy with you after the search. This is the copy you show to your lawyer [and it wouldn't hurt to phone your lawyer, any lawyer, while the police are searching your home]. A lawyer can't prevent the police from searching with a valid warrant, but letting the police know you have [or are getting] a lawyer wouldn't hurt. Most search warrants include outbuildings, garage, sheds, vehicles parked on the property... and sometimes, based on their "probable cause", they'll know just what to look for. [sigh]
2007-06-30 13:11:45 · answer #1 · answered by constantreader 6 · 0⤊ 0⤋
No, unless they have a warrant and you are not home. Without a warrant they have to ask unless they have probable cause.
I have a stand by paper typed up. If they ask me I will allow them and sign the waiver to my rights only if they sign my paper saying they will put everything back in exactly the same place or pay me $40.00 per hour ro do it myself and pay double the cost for anything damaged or stolen during the search. I have nothing to hide but if they really want to search they can or go get a warrant. It also says I have the right to video tape the search providing I have a cam cord er handy. (odds are they will not sign anything like that) Should I get to court for any reason I can then show that I cooperated and was willing to allow them to search without a warrant but they did not want to take responsibility for the search, and I only wanted the paper signed to protect my rights and property, due to the bad reputation police have and the number of corrupt officers. I hope you pass my idea on to your friends.
2007-06-30 15:09:08 · answer #2 · answered by tmilestc 4 · 0⤊ 0⤋
Probable cause.
I'm not sure exactly how it works, but I'm pretty sure that if you're suspected of something, if there was a witness, or if you're suspected of doing/having something dangerous, they can search pretty much anything, because you'd be seen as a possible hazard if they didn't search you right away and waited to get a warrant...
If they had a warrant, then no, they didn't have to ask you at all, they can do what they want because the court says so...
2007-06-30 13:38:09 · answer #3 · answered by Anonymous · 0⤊ 0⤋
N E V E R! They can't come in and search your house without a warrant.
However, the trick they use is walk up to your door and ask;" Can we come in?" and once you say yes, they had your permission and they can follow up on whatever they want to snoop into. If they smell drugs, see a crime in progress, see paraphernalia, they proceed just as if they had a warrant.
In the future, whenever they ask if they can come in and you suspect they could be up to something, you have the right to say no, and they do NOT come in without a warrant.
2007-06-30 13:12:49 · answer #4 · answered by TURANDOT 6 · 0⤊ 0⤋
The police don't have to "ask" if they have a warrant. And if they're given permission, they can search your house.
And you should really take an English course at the local community college, your grammar, punctuation, and spelling are all horrendous.
2007-06-30 13:10:02 · answer #5 · answered by A.P. 4 · 3⤊ 0⤋
They can search your house if:
1) have a warrant
2) owner gave permission
3) the officer has seen or a reason to suspect a crime is in progress
2007-06-30 13:11:55 · answer #6 · answered by tkquestion 7 · 0⤊ 0⤋
They can search if they have a warrant or an occupant of the home gives them permission.
2007-06-30 13:07:27 · answer #7 · answered by Anonymous · 2⤊ 0⤋
In certain circumstances, yes they can. For example, let say they chased you for suspicion of drug trafficking, and you run into your house. They can pursue you into your house and they have probable cause to search for the drug they suspect you of carrying for distributiom.
2007-06-30 13:11:50 · answer #8 · answered by WC 7 · 0⤊ 0⤋
No. Unless when you answer the door they see somthing out in the open and then they have a right to come in and get/look at it. (you answer the door and they see a gun after they suspect you robbed a bank at gunpoint. Then they CAN come in.)
2007-06-30 13:13:44 · answer #9 · answered by Anonymous · 0⤊ 0⤋
no unless u let them....otherwise if u don't want them to search ur home....they'll get a warrent...then u can't do anything but sit and watch
2007-06-30 13:12:05 · answer #10 · answered by Anonymous · 0⤊ 0⤋