When a cop searches your house depending on what it is, will they always need a search warrant?

Question

Just wondering if there are any exceptions to the rule. A cop searched my house today without one and I didn't say they could do that, and later charged me with a misdemeanor for what she found (some old pot resin). I don't really want to go into detail but hopefully that is enough info. thanks

Answer 1

A search warrant or probable cause. Under no circumstances do they have the right to trash your house (or vehicle) be sure to tell them you want everything they disturb replaced as it was and a receipt for anything they remove.

If you can, take video as they search.

Probable cause must be agreed to by the judge but that can be after the fact. Without more detail, can't say if the cop had cause or not in this case.

Answer 2

Yes they need a search warrant, this will be more than likely thrown out by unlawful search and seizure, However there is some exceptions, one being the plane sight rule, where if the officer comes up to the door and you open it, and sees, smells anything illegal, they may sieze it and arrest you.
Second is resonalbe cause. A cop may search a house if he has reasonable cause, such as a loud scream from a woman, a gunshout sound.
3- if the search is part of an ongoing investigation, that a search warrant was already issued
4- if in persuit of a crime, you run into a house, they can come in after you, and then charge you with whatever they may find during the arrest.
Your case depends on the circumstances that surronded it, did you let the cop in your house when they came to the door, if yes, than this falls under the plain sight rule.. sorry.

Answer 3

the only individual who can supply the police permission to hunt the residing house are the citizens of the residing house. Now in spite of if that's a case the place there are multiple yet separate renters interior the residing house. Then a resident can supply the police permission to hunt his their property basically. Any shared residing areas or different rooms/property that are the valuables of others could authorized through the all vendors for voluntary seek. So the in case you're renting with somebody and that they are doing drugs or have unregistered firearm(s) or some thing else unlawful and you're no longer there whilst the police get there, the police can basically seek their residing area, i.e. mattress room. the different shared residing areas will could wait till the two you get residing house and conform to a seek or the police get a warrant. If the police have searched the residing house and discover incriminating info, however the quest grew to become into performed with the permission of a individual who does no longer stay there then each and all the info must be thrown out.

Answer 4

In the United States, the issue of federal warrants is determined under Title 18 of the US Code. The law has been restated and extended under Rule 41 of the Federal Rules of Criminal Procedure. Each state also promulgates its own laws governing the issuance of search warrants.

Under the Fourth Amendment to the United States Constitution, most searches by the police require a search warrant based on probable cause, although there are exceptions. Any police entry of an individual's home always requires a warrant (for either search or arrest), absent exigent circumstances (i.e. hot pursuit of a felon; imminent destruction of evidence; the need to prevent a felon's escape; or the risk of harm to the police or others).[1] To obtain a search warrant, an officer must first prove that probable cause exists before a magistrate or judge, based upon direct information (i.e. obtained by the officer's personal observation) or hearsay information. Hearsay information can even be obtained by oral testimony given over a telephone, so long as its source has a basis for its knowledge that is either reliable or has veracity, as determined by a totality of the circumstances. Both property and persons can be seized under a search warrant. The standard for a search warrant is much lower than the lack of reasonable doubt required for a later conviction. The rationale is that the evidence that can be collected without a search warrant may not be sufficient to convict, but may be sufficient to suggest that enough evidence to convict could be found using the warrant.

Answer 5

A warrant shall issue only on probable cause. Hell no!!!, she can't search your house without a search warrant, unless you or some one with standing consented to a warrant-less search. If she was there as a result of a radio call or some other matter giving her the right to be in your house and saw it in plain view, that's an exception. Some old pot residue, sounds like she was or is out to get you. Did you piss her off in any way? Had run ins with her before? Why was she there in the first place?

Answer 6

Yes there are exceptions.

1) Probable cause: are they hearing screams for help? etc? They do not need a warrant with probable cause.

2) You are on probation. You can be searched just about anytime, it's part of the probation terms.

If you feel you have been unjustly charged with the misdemeanor and have had your rights infringed by the illegal search and seizure go to court. Fight the misdemeanor charge on the basis that they legally had no rights to search the premises therefore anything found is not permissible in court. Good Luck.

Answer 7

There are exceptions to the search warrant rule, the most common is referred to as exigent circumstances. This is when getting a warrant would not be practical, for example

-if you can hear a fight in progress, but no one comes to the door, or

-you see people doing drugs, and there is a danger of them destroying evidence, or

-you hear a cry for help

There is also something called a Community Caretaker funciton. For this to be valid, the concern for the person must be the driving factor, the entry can not be for the purpose of a criminal investigation. Examples of this would be

- if you see or smell smoke coming from a house, or a build up mail in the mail box, where the person is usually out all the time.

Answer 8

They usually would need a warrant for entering your house at all no matter what but if it is a case of security, whether it be their own or yours, than they can enter at free will. I.E. if a cop shows up and says he is doing random searches in the neighborhood you have the right to deny him if he doesnt have the warrant, even with probable cause. But if a cop was tipped off that there was a murderer in your house he has all the right, and hopefully he will, enter your house.

Answer 9

I thinking there is more to this story than your telling us. Am I right? If she just knocked on your door and announced she was going to search the house, then she probably needed a warrant. However, if you were on probation and one of the conditions was random drug searches, then maybe it was justified. Now why did you have pot residue in the house? Shame on you. Haven't you figured it out by now that drugs are a bad thing. Drugs will always bring you down. Now, stop doing drugs!

Answer 10

They can only search your house with probably cause. For example:
hear a gunshot and go to investigate, see suspicious activity, fleeing from cops, etc.
If she didn't have a search warrant and she searched your house without your consent then anything she found is invalid in court UNLESS she had viable probably cause. I suggest you get a lawyer, because if she really messed up then you are in the clear.