What if the police came to your apt door under the suspicion of funny cigarettes and the door was locked??? Do you have to let them in even if there is nobody thats in danger? Could you just talk to them through the door and tell them everything is ok and they dont need to come in??? An educated answer please
ps i dont do drugs and never will.... I like to role play on yahoo answers just for entertainment
2007-07-10 09:56:34 · 13 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
So if Im locked inside the best bet is to just talk to them through the door even if they say they can smell the funny cigs and let them know everything is A ok???
Remember all of this information is purely fictional.
2007-07-10 10:07:19 · update #1
If they have a:
Warrant
Signed complaint - or
Probable cause
they can enter your home.
If they come to your door, and one of those factors is present, they will enter by any means necessary.
2007-07-10 10:05:24 · answer #1 · answered by Anonymous · 2⤊ 1⤋
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2016-06-03 03:55:05 · answer #2 · answered by ? 3 · 0⤊ 0⤋
They cannot enter a private home without a warrant.
Two exceptions -- if they are in current and active (hot) pursuit of a felon, and the felon enters that building. Or, if they have probable cause to believe a violent felony is currently being committed and that they can prevent harm to an innocent person by entering.
They can ask for entry, but they cannot come in.
However, if you open the door, and they clearly see through the open door a crime in progress (any crime, even drug use), they can arrest you on the spot and then search the immediate area of the house pursuant to that arrest.
2007-07-10 10:01:41 · answer #3 · answered by coragryph 7 · 5⤊ 1⤋
The police used to need a warrant - to convince a judge that there was evidence a crime was being committed in the apt. But now, thanks to the treasonous actions of president Bush and the Patriot Act, the police don't need a warrant, they don't need a reason, and you don't need to be home - they can now do what's called a "sneak and peep" entering your home at will to look at anything they like - and never ever have to tell you.
hey, any of you kids remember that crazy thing we used to have called the Bill of Rights?
2007-07-10 10:20:18 · answer #4 · answered by wineboy 5 · 0⤊ 1⤋
When they have a search warrant or probable cause.
A search warrant has to be approved by a judge and is issued only for a few days, giving them limited time to use it. The police also have to present evidence to convince the judge that their need to enter your house/business is important to a case.
Probable cause has no such restrictions, but the police have to prove it. If a squad car is cruising your area and they hear gun shots coming from your house...they have probable cause and thus don't need a warrant to enter your house.
2007-07-10 10:00:41 · answer #5 · answered by theREALtruth.com 6 · 3⤊ 1⤋
Police can enter your apartment whether you want them to or not if they have a warrant. If a police officer was to walk by a home or drive by a car and smell "funny cigarettes" they do have search and seizure protection and probable cause. Well at least that is how it is here where I live.
2007-07-10 10:02:59 · answer #6 · answered by ♪♫♪justpassingby♪♫♪ 5 · 2⤊ 1⤋
It's the same thing as with vampires!
Never invite them in! Tell them to go get a search warrant. Make sure you've disposed of all the "fictional evidence" in the event that they actually call your bluff and take the time to go get one. Then, watch your back for a while because they sure will be!
2007-07-10 10:55:24 · answer #7 · answered by lillllbit 6 · 0⤊ 2⤋
Police cannot enter your home without a warrant signed by a judge without your consent unless they believe there is immediate danger such as someone screaming for help. They can suspect all day long but until the judge signs that warrant, they can't pull you out of your home or search your home without that warrant.
Just be careful at 4:20 ;) lol
2007-07-10 10:11:01 · answer #8 · answered by RhapsodyinBlue 2 · 1⤊ 2⤋
cops are allowed to come in your house if they are chasing a criminal and see them run in there, if they have an arrest warrant for someone who lives of frequents that address, or if they observe a crime in progress, other wise if they ask to come in and you say no, they legally are suppose to get a warrant, the 4th and 6th amendments protect us and the things we do in the privacy of our homes. if they inter without a warrant, chances are if you get an attorney, you'll win your motion.
2007-07-10 10:59:28 · answer #9 · answered by shesmypunk 4 · 0⤊ 1⤋
First, police cannot enter a dwelling without your permission, without a warrant.
2007-07-10 10:00:55 · answer #10 · answered by daledean_hojo 3 · 0⤊ 1⤋
They need a warrant to enter your house, you do not have to let them in, you can tell them it is okay to enter and they can without a warrant. In order to get a warrant they have to have evidence, not just a suspicion.
2007-07-10 10:01:06 · answer #11 · answered by Lori B 6 · 0⤊ 3⤋