2007-09-11 12:49:39 · 13 answers · asked by quidproquo888 3 in Politics & Government ➔ Law Enforcement & Police
Yes.
Depending on the reason that they were called to the location, it can be articulated that the open door was probable cause and they were concerned for the welfare of the person or persons inside.
2007-09-11 12:56:53 · answer #1 · answered by CGIV76 7 · 3⤊ 0⤋
I suggest that the two situations you propose are different.
In a hotel, numerous strangers whom you'll never come in contact with again will be passing up and down the hallway. In that circumstance, an open door is very unusual and, to my way of thinking, invites either hotel staff or the police to enter for the purpose of determining if you are present, ok, and/or have been robbed.
While that doesn't permit the police to search [which would require a warrant], anything left in plain sight is probably acceptable in a court of law.
Your home is not quite in the same league. Depending on circumstances, an open front door may simply be an effective cooling method when you lack air conditioning. At 3am, however, it suggests the possibility of something wrong and entering to discover if that is so would seem appropriate.
Anytime entry seems reasonable, the 'plain sight' rule is in effect.
***
A felon who is on parole has fewer rights than an ordinary person. For him, his domicile is his temporary place of incarceration and both the police and his parole officer likely have the right to enter and search without a warrant.
does this help?
2007-09-11 19:52:53 · answer #2 · answered by Spock (rhp) 7 · 3⤊ 0⤋
Ok, let's forget about the thugs and the criminals who don't want the police to check what they are up to.
Let's pretend it's a fine old world and everyone is living in peace with one another.
So, everything is fine and everyone is well civilized, and a front door is wide open.
Obviously it isn't normal for the front door to be open, could be that an old man walked in and had an heart attack, had a fall and is in need f medical attention.
Or even a young chap who is soffering an attack of peritonitis.
Should the police or anyone else be not allowed walking in just because if there's a criminal in there he might not like to have a policeman in his room?
Uhm, personally I haven't got a clue what the law states and here I am coming clean with it. But now you know what I think and that's what answers is all about, thanks for reading :)
edit: grace95838 u said same thing just quicker. oh well, it aint my 1st language
2007-09-11 20:09:56 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Yes they can. It is not common for doors of homes, apartments or hotel rooms to be left standing wide open. The police can enter without permission or warrant to determine if someone inside needs medical help.
2007-09-11 19:58:59 · answer #4 · answered by grace95838 4 · 1⤊ 1⤋
No, they first need to call out loudly and announce their presence while inquiring if anyone is present. If nobody responds, then they can enter as they then have reason to suspect that something is amiss. If someone does respond but doesn't invite them in or sound in distress, then they must remain outside until the person responding joins them.
As others have stated, if they look in through the entrance or window and see something illegal or anything that appears to be illegal, then they can enter unobstructed. Or if they came in response to some illegal activity and found the door ajar.
2007-09-11 19:54:27 · answer #5 · answered by Anonymous · 1⤊ 0⤋
Yes. Its called the Plain view doctrine. If an officer can see something through an open window or door, then they can act upon it.
2007-09-11 19:55:50 · answer #6 · answered by sixtymm 3 · 2⤊ 1⤋
In a way, yes. It depends on the circumstances entirely. I've done it before and proesecuted and convicted on the drugs I found. It all depends on the circumstatnces surrounding the situation.
2007-09-11 19:53:10 · answer #7 · answered by California Street Cop 6 · 4⤊ 0⤋
They can, if they see something or if they feel there is a crime in progress and the safety of the occupants might be at risk
2007-09-12 16:03:21 · answer #8 · answered by joseph b 6 · 0⤊ 0⤋
Yes, I believe they can do that, as the person in front of me, said as long as they don't touch nothing, or take anything out of there.
Have a good night.
2007-09-11 19:54:48 · answer #9 · answered by That one 7 · 0⤊ 2⤋
It depends on what they see. Growing something you shouldn't be? If they see a something CRIMINAL going on then they can enter because they have CAUSE.
But if they go in just for a look around, then no, they shouldn't.
2007-09-11 19:52:34 · answer #10 · answered by WhatAmI? 7 · 1⤊ 0⤋