Can police come on your property without a warrant?

Question

I've had police come on my property before without a warrant to try and ask me questions and I've told them they need a warrant, I want them to leave and I have nothing else to say.

If you tell them to leave and inform them that they are trespassing are they required to leave if there is no warrant?

Well lets take the fact that I'm very solitairy and keep to myself, and they would have no probably cause to come there in the first place. I've had them come to my house before because of something that's happened in the neighborhood and they just wanted to know if i'd seen anything suspicious. That's nice that they're investigating, but I'd rather they not come on my property to ask me. That's what the damn phones for.

In regards to those asking why I would object to the police being there if I have nothing to hide, that is because I value my freedom and privacy. I could ask you in retort, If you didn't do anything and you don't have anything to hide, why should the police be bothering you in the first place?

That's like saying well I don't sleep with my wife, so I guess it's ok if you do.

The criminal defense attorney has it right and is getting my vote for best answer. My property is posted and no one should be trespassing on my property. If you want to question me, do so via telephone or mail.

In regards to what Evil_Paul said

Go to this question to see what my no trespassing signs say

http://answers.yahoo.com/question/index;_ylt=AuLJtA8tQQiMOPLpuezA54zty6IX?qid=20070724112056AAihRFR

As someone answered:

This reminds police that the owner is not going to be bluffed into submitting (consenting) to a search absent a warrant.

18 USC 241 states that it is illegal to intimidate someone into surrendering their civil (constitutional) rights, and 242 makes it illegal to use apparent legal authority as an excuse to violate federal or state laws.

Also if I was the victim then the police would be there because I requested them. I don't care if they come when I call them, I just don't want any uninvited guests.

Answer 1

It depends on the country -- laws vary.

In the US, police can come on your property without a warrant in several ways.

First, when responding to a call for help or report of an ongoing felony or domestic violence crime. Or when they witness a crime occurring from the street ("exigent circumstances"). Second, when pursuing a fleeing suspect ("hot pursuit").

Also, they are free to travel anywhere the public can travel. And by common practice, the public is allowed to walk onto your property to get to you house. However, if you post a sign excluding all trespassers and informing the police that your property line is the start of your private property, then they cannot come onto the property beyond that marked line.

So, you can post a sign at the edge of your property notifying police (and everyone else) that they cannot enter without our permission -- in which case only the general exceptions apply.

Answer 2

They can come on your property but they can't come in your home without a search warrant if they are looking for something they want, but if their called on a missing person and their given this address they still need a warrant by the judge.

Answer 3

They may not enter into your home without a warrant, but they may come onto your property without need for a warrant, as long as they have an official reason, such as wanting to ask you questions. They can come back if they want to. If they see anything illegal going on they can enter your home to stop it. They are not trespassing but you may file a harassment complaint against them if they keep bothering you and they have no good reason. That is tough to prove though.

Answer 4

They can do what any regular citizen can do without a warrant. That is, if you have a sidewalk leading up to your house, they, like any member of the public, can walk up to your door and knock on it, and ask you questions.

You do not have to answer them, of course, because you are not under arrest and you have the right to remain silent anyway.

They can't come into your home without a warrant, except in certain circumstances (i.e. if there is reason to believe that a crime is being committed right then or evidence of a crime is going to be destroyed, etc. -- called "exigent circumstances).

If you are outside, they can stop and frisk you on reasonable suspicion (i.e. for almost any reason, except a ridiculous one). And, they can always ask you questions, but you don't have to answer.

Cops don't like it when you don't cooperate, however, and it raises suspicion. Most people who aren't up to no good are willing to cooperate.

Answer 5

Yes, they can enter your property without a warrant. All they need to have is probable cause.

Answer 6

a policeman may enter a residence without a warrant as long as they have probable cause. but, in your extra facts your reason for even having concern about a warrant and trespassing by apoliceman who simply is doing his routine job by asking you if you have seen anything is so irrelevant to why you would worry about a warrant period. it seems there's possibly more to what your revealing? just a question not an attack.

Answer 7

No. They are not. They are free to come onto your property if they either see an infraction or have probable cause to question you on another matter.

EDIT:

Ok...you're just dumb.

"Well lets take the fact that I'm very solitairy and keep to myself,"

So?

"and they would have no probably cause to come there in the first place."

You don't get to judge for THEM what's probable cause.

I've had them come to my house before because of something that's happened in the neighborhood and they just wanted to know if i'd seen anything suspicious. That's nice that they're investigating, but I'd rather they not come on my property to ask me.

Umm...yess... they are going to investigate a crime in the neighborhood and rather than canvas the neighborhood while they are THERE you'd rather they just headed back to the precinct to give you a call? Or patched one through their dispatcher? Yeah. THAT makes sense.

Add to that the fact that they do in-person canvassing so they can tell if you're LYING when they question you.

Answer 8

Police can come onto property. If you read your deed, you are merely purchasing the enjoyment of the land, not the land itself.

Did the police have to break down any doors or fences to come in?

If you had a heart attack and was dying, should the police be allowed to come onto your property to save you?

The police are here to help you. Help them!

Answer 9

If the police are ivestigating a complaint then they don't need your permission to come on your property to ask you about a potential crime. More to the point, if they don't know your name or phone number how would they contact you via phone. If they don't have your e-mail how would they contact you via e-mail?

As for no trepassing signs, they don't apply to city employees that are performing thier job. As long as you recieve city services they have the right to enter your property.

If you ask them to leave then yes they should. The flip side of the coin is what would your position be if you were the victim of a crime? If they asked you about it would it still be trepassing?

Answer 10

if they have probable cause they can question you and search your property but if u inform them that they are trespassing and ask them to come back with a warrant they will do so. however the downside to this when they do they will not be happy and therefore are more likely to kick in doors handcuff you and whatnot so if u have nothing to hide just let them search and say have a nice day.