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and can the enter without asking?

2007-10-05 15:49:13 · 7 answers · asked by Anonymous in Politics & Government Law Enforcement & Police

7 answers

Well, an undercover cop could because you would not know they were a cop, and you would probably think they were your friend.

A uniformed police officer can enter your house without asking for a number of reasons. If they were chasing someone who ran into your house, if a 911 call came from your house, if they witnessed a crime coming from inside your house, or if they have a warrant to enter your house.

2007-10-05 15:54:48 · answer #1 · answered by blueman 5 · 3 0

In a nutshell they can enter the house for the following reasons without consent:
1). Search Warrant
2). Exigent circumstances such as if there was a fight going on inside the house, a crime scene, etc.
3). To prevent the destruction of evidence
4). If they are pursuing someone and they run into the house (commonly called "hot pursuit")
5). If they have an arrest warrant for one of the residents of the house and they have reason to believe that subject is home.

On a side note the Police can not simply enter your home based on probable cause. If they have probable cause then they must present that probable cause to a judge and obtain a search warrant. However, as I mentioned above they can enter if they believe evidence will be destroyed while they are getting a search warrant.
For example:
The police view a marijuana plant through your open window. That would be probable cause. The officer would have to go get a search warrant and then come back to your house and serve it and seize the pot. However, if the officer sees the marijuana plant and while the officer is looking at the plant you walk into the living room and notice the officer checking out the plant then the officer may enter the residence and "freeze" the property. It would be advisable for this officer to call an assist unit to the residence. The back-up officer would watch you and prevent you from getting rid of the evidence. Meanwhile the original officer could secure a search warrant and search the entire house.

Good question but a common one in this section

2007-10-06 06:22:42 · answer #2 · answered by El Scott 7 · 0 0

According to the Patriot Act, they can. It's called the sneak 'n peek provision. If you are suspected of terrorist activities, or ties to terrorist activities, they can do pretty much whatever they want. All they have to say is that there are guns, drugs, pornography, or maybe illegal aliens involved, and they can be tied to terrorism. They can even enter your house, search it, take whatever they want, when you are not there, and not even tell you they have been there.

http://www.hendrixcampaign.com/plan.html#Patriot

Don't believe me? Read it for yourself.

http://fl1.findlaw.com/news.findlaw.com/cnn/docs/terrorism/hr3162.pdf

Then after you finish (it may take a while) read the Bill of Rights once more, just for fun. Then tell me you aren't frightened.

http://www.hendrixcampaign.com

2007-10-06 00:22:47 · answer #3 · answered by John H 6 · 0 2

Under cetrain condition, YES.

2007-10-06 10:30:51 · answer #4 · answered by WC 7 · 0 0

No, like vampires, you have to invite them in. Unless of course, there is a reason to do so that is legal and valid.

2007-10-05 22:53:37 · answer #5 · answered by booman17 7 · 1 0

in our state they can ...seen it happen drag the guy right outta bed in his underware and off to jail he went!!!:)

2007-10-05 22:59:20 · answer #6 · answered by Beverly 2 · 0 0

sure. theirs.

2007-10-05 22:56:37 · answer #7 · answered by arm2tired 2 · 0 0

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