2007-12-26 22:56:32 · 14 answers · asked by Anonymous in Politics & Government ➔ Law Enforcement & Police
if they have reason to believe he is there YES
2007-12-26 23:05:49 · answer #1 · answered by mmdjaajl 6 · 3⤊ 3⤋
If the police have reason to believe the suspect they are seeking is in the residence...they can enter the residence to execute an arrest warrant.
Too many misunderstand the differences of a search warrant and an arrest warrant.
An arrest warrant is not the same as a search warrant. The search warrant is to seek evidence of a crime.
The arrest warrant is for the person. In my own state if a felony arrest warrant exists for an individual and that individual is known to be in a specific area...that arrest warrant allows officers to enter that "area" to effect the arrest. No "search" warrant is required by law!
You did not state in your question whether or not the individual was in fact within the residence. If he was there...you have no legal issue.
2007-12-27 03:07:13 · answer #2 · answered by KC V ™ 7 · 1⤊ 1⤋
The 4th Amendment protects against "Unreasonable search and seizure".
Ahhh, but the devil is in the details. . ., what constitutes "unreasonable"??
There are a number ways the police can legally enter your home while searching for a person.
1. You give consent.
2. Hot pursuit, they chase the guy into your home.
3. Clear and present danger. The man in your home is going to kill you if the cop does not go in and get him first.
4. Exigent circumstances. The man in your home is going to destroy evidence of a crime before a warrant arrives.
Let's assume for the moment you are hiding a fugitive in your home. The cops are pretty sure he is there. They ask you to allow a search. You refuse. The police will then set up a perimeter around your home. Go get the warrant. Go into your house, find the fugitive, and arrest him and you. You get busted for Harboring or Aiding and Abetting.
2007-12-26 23:49:08 · answer #3 · answered by Anonymous · 6⤊ 0⤋
Yes, they can.
#1 If you grant entry for them into your home, they may conduct a REASONABLE search (anything that is in plain sight, may be examined. They may not, however open drawers or cabinets without your permission.) When you ask them to terminate the search, they must stop.
#2 If the police believe that someone within your residence poses an immediate threat to the public (a gunman runs from the street into your home) and/or someone in your residence is in iminent danger, they may search without a warrant.
2007-12-27 00:49:59 · answer #4 · answered by Voice of Liberty 5 · 0⤊ 1⤋
No without meeting one of these exceptions...
A warrant
Chase the person into your house
See the person in plain view, standing in the door way or through a window without moving the window or anything blocking the window.
You give consent.
Or a crime just occurred, and a based on probable cause the victim or a witness tells them the suspect just ran into the house.
- - -
Further, the same applies to you.
If the cops think you committed a homicide yesterday, they can not come barging into your residence today looking for you without a warrant, without your consent or consent of another resident, without chasing you into your house, or without seeing you in plain view (through a window or in the doorway).
2007-12-26 23:08:20 · answer #5 · answered by Anonymous · 4⤊ 0⤋
relies upon on the situations. If there is exigent situations or "clean pursuit" or specific exceptions exist, then they could - in any different case a warrant is needed as consistent with 4th ammendment
2016-10-20 01:11:26 · answer #6 · answered by Anonymous · 0⤊ 0⤋
No. It's just like if they are looking for drugs. They must have a warrant. If that person committed a crime and ran into your house, they then have probable cause to enter your residence to apprehend them.
2007-12-26 23:24:26 · answer #7 · answered by Don G 1 · 1⤊ 2⤋
Only in fresh pursuit. If they chased him into your house. Otherwise they need a warrant or your permission.
2007-12-26 23:48:03 · answer #8 · answered by Eddie 2 · 1⤊ 2⤋
No, absolutely not, unless they are in hot pursuit (in other words, they are chasing him and follow him into the house).
2007-12-26 23:07:19 · answer #9 · answered by Monk 4 · 1⤊ 2⤋
ALL police need a warrent to search your home.. You can refuse entry without a warrent.
2007-12-26 23:06:45 · answer #10 · answered by Tori 2 · 2⤊ 4⤋
there are many exceptions (like if they are in "hot pursuit"), but generally no.
2007-12-27 03:19:36 · answer #11 · answered by racerwesu 4 · 1⤊ 1⤋