Can police break into a convicted felon's house without a search warrant.?

CGIV76

If they are in hot pursuit or have reasonable cause to believe there is a crime in progress inside the residence they can enter. Otherwise, the best thing to do is to surround the house and wait for that search warrant.

If it is a parolee, parolee's generally lose the majority of their rights, despite the person who posted the 4th amendment in their answer. One of this is the right of search and seizure.
A parolee is generally subject to search and seizure 24 hours a day, 365 days a year. It's a consequence for committing certain criminal actions and being convicted.

bmwdriver11

They can also enter if there is probable cause. If they saw him committing a crime inside, or knew he was holding a gun to someone's head, or something along those lines, they could enter under probable cause. Otherwise, if I broke into someone's home and the neighbors called the police, they wouldnt be able to come in and get me, right?

ChRiSTiNa

if you get charged with a drug charge then yes because its propable cause in your case yes they can break in

ihop

If he's wanted, and it's "fresh pursuit" then you don't need a search warrant.

But if he's in a house and won't come out (barricaded situation), then you should probably get one.

somerandomdude

Your question is lacking some details. For the felon to have been charged with speeding, I'm inclined to believe this must have started as a motor vehicle stop, close to home.

What jumps to mind is something along the lines of cop sees speeder, cop attempts to stop speeder, speeder speeds to house and runs inside, cop follows?

If this was the case, then yes...the officer can absolutely follow him in the house, in his house, in my house, in your house.

If it was something else entirely, the police generally do not break into a house without a search warrant, absent an emergency (ie: someone is hurt or being hurt inside, etc.)

If the felon is on parole, on the other hand, then there may be provisions within the parole system to allow this.

From the sound of the question and the charges, though, it seems like a car stop, in which the felon ran into his house hoping to avoid being arrested.

Doc Hudson

Unless they were in hot pursuit, they'd no right to enter that house without either an arrest warrant or a search warrant.

Yeah, convicted felons loose some rights, but they have the same right to be secure from unreasonable searches, and privacy in their homes.

If it was not a case of hot pursuit, I hope the guy beats the wrap and the cops get a major rip for civil rights violation.

Doc

Bawls

if the convicted felon doesn't let them in then they must get a search warrant after they do they can break down the door if they want

junebug

Absolutely not...That is a violation of that parties civil rights-----------------------The police think they can do what ever they want.Why?people are scared to stand up for thier civil rights.Dont be scared,I have a lawsuit right know agaisnt a police department as we speak.One of my goals in life is to get people to stand up and fight back,when the police wont there is so much crime they should take care of,but they are paid to look the other way..

trippin2much

Police can tap your phones, break into your house, search your stuff, arrest you, hold you in a secret jail, and torture you for years without being convicted of anything. It's called the patriot act.

Technically they are not allowed, but there are loop holes to most laws, and yes there are ways they could get away with doing that.

Since there are so many thumbs down, I'll give an example. If they want to get in the house and search it, they could set off his house alarm, knowing that they have the right to go in and search for intruders. This happened to a friend of mine, whether the cops set off the alarm or not, when they searched his house they found a pound of weed and arrested him. No search warrant, no parole, no felon or past criminal history. IT HAPPENS.

zephir

No, they much have a search warrant. All evidence captured unlawfully may not be used in court.

rhm5550

U.S. Constitution: Fourth Amendment
Fourth Amendment - Search and Seizure

Amendment Text | Annotations
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

A convicted felon is still a person in the US.

debbie havens

my son is on parole,and was staying with me but he is on the run the cops broke through my windon when i was at work looking for him can they do that

gamelady82

my husband is on probation........the cops force their way into my home while niether of us was present.........keep in mind my husband has on a tracking devive in which the probation officer tracks his movement......so she knows he was not at home..........WHAT'S UP WITH THAT!!!!!?

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