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21 answers

Not without your consent. If you tell them no and they have no reasonable cause or search warrant, anything they get is illegal seizure and they can't hold it against you in court.

2007-10-11 03:59:43 · answer #1 · answered by Don 7 · 0 0

1

2016-06-10 18:25:03 · answer #2 · answered by ? 3 · 0 0

Police can enter if there is probable cause that an illegal event is taking place, if they have a warrant, or if they are given permission (just the basics.... remerton nailed the details)

Probable cause can mean that if they knock at the door and you open it up and right there on the table in PLAIN VIEW is coke and some paraphernalia, they have the legal right to enter your property and make a quick, non-invasive sweep of the room without going in drawers or pockets. Whatever is in plain view is considered legal if the officer has a legal right to be where he/she is.

Warrants - no ifs ands or buts. The warrant must state and describe the location to be searched and also describe what is to be seized.

Given permission - if you allow the police to enter your home and an example such as above.. then it is fair game. If you are not present and the police are invited in by a roommate without a warrant, they only have access to the common areas of the house, never your personal room. Your roommate can not give permission for your personal space. I believe a spouse has right to give permission for the entire living space though, I am not 100% sure on that.

2007-10-11 06:15:28 · answer #3 · answered by punkymunky22 2 · 0 0

"If they [the police] have a belief that either a wanted person/person suspected of comitting an offence/stolen property immediately having been left or that they need to enter to protect life or limb then they may enter without a warrant under powers afforded under PACE 1984. With someone in custody for a theft offence they can still enter a property without a warrant to search for stolen goods. A warrant is only needed for pre planned things and not all the time."

In America, the Police cannot enter your home unless you invite them or if the have a warrent. If you step outside to talk to the Police and they declare you under arrest and offer to let you go back inside to get your coat/phone etc, don't do it, as that automatically gives them the power to search your property. There was a good article on this, trying to find it again for you.

2007-10-11 03:56:09 · answer #4 · answered by airs860 1 · 0 0

These are the following reasons an officer may enter and search private property.
-emergencies- officer has a reasonable belief that someone on the property needs immediate help, a matter death or serious bodily harm
-probable cause-officer has probable cause to believe a crime has been commited or that evidence that is easily destroyed is inside
-incident to an arrest- once you are arrested an officer can search within your reachable area, ie. your car or the room your in
-with a warrant- self explanatory
-felony arrest warrant- if your buddie has a felony warrant and the officer knows he is in your house, he can come in and search it, or if its your house, the warrant is for you, and has your address, and someone else answers the door, they can come in and search
-with consent- self expalantory
-open fields- that area no part of the curtilage of a home or business, ie the woods you grow your weed in.
keep in mind most of these situations are easy to meet, and if you have stupids friends they will make it even easier. Its easier to fight a search in court, on the street not a good idea to argue or fight the officer, he could be the 10% that makes the other 90% of police look bad.
Major exemptions- cars, the officers sees , smells , or hears something that gives him probable cause, Terry pat downs-officer has articulable reasonable suspicion to believe you have a weapon and may search you or your immediate area for a weapon.
P.S. your friends are stupid, get a lawyer.

2007-10-11 04:32:01 · answer #5 · answered by Anonymous · 0 0

In Canada there is written into law that anyone has permission to come onto a property for the purposes of knocking on the door to speak to the resident. This permission is removed if there is a locked gate or if the resident tells the person to leave or not come on the property.
This applies to police as well, unless they are feel that someone's safety is at risk or if evidence of a crime is about to be destroyed ,and then can enter without permission.

2007-10-11 05:24:44 · answer #6 · answered by joeanonymous 6 · 0 0

Yes, police can enter private property if they have reasonable cause to suspect a crime is being, or has been committed. They will, in some cases need a warrant, but not always. Police can ask for permission to enter as well and may enter if that permission is given.

2007-10-11 03:57:22 · answer #7 · answered by fangtaiyang 7 · 0 0

There are several reasons police can enter your private property, there are several reasons why a search warrant is required before forcing entry. It all depends on the circumstances.
You're question could be better answered if a more specific question was asked like; can the police enter my house if...

2007-10-11 03:56:02 · answer #8 · answered by Colonel 6 · 0 0

If their is "reason to believe," a warrant, or a call made and screams heard.

If someone calls 911 and says they heard something come from inside, they're gonna go inside to investigate, just in case maybe someone fell and screamed and needs help, or something like that.

2007-10-11 03:58:19 · answer #9 · answered by perfectlybaked 7 · 0 0

Yes, with Probable cause or with a properly executed search warrant.

2007-10-11 03:51:36 · answer #10 · answered by Mark A 6 · 2 0

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