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WHAT!?
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There not suppose to search the house. But if you let them in they can. |
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eonetiller
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You have asked this question numerous times and still cant spell warrant correctly lol |
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Sonora M
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They can come in during an investigation. They can't search except with a warrant but if something is in plain view, they can notice it and seize it as evidence. I'm not sure whether they can search for weapons to insure their own safety (without a warrant). |
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Cpl Coop
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There are several reasons why law enforcement can enter the residence without a warrant. The one is fresh pursuit and another is verbal or implied consent, and another main one is a protective search. If something is in plain view, law enforcement have the right to enter and secure that evidence before it is destroyed or compromised. It sounds like not all the facts was entered in your question. And to finish answering the question, I would need more facts!!!
Added: I just saw your last question and you gave consent! It was a good warrantless search. |
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Dont get Infected
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they need a warrent or probable cause or permission from the resident. there might be a few more... |
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Chuck-the-Duck
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As Quoted, 34thGeo. L.J. Ann. Rev. Crim. Proc. pg. 3. (2005);
The Fouth Amendment of the U.S. Constitution governs all searches and seizures conducted by government agents. The
Amendment contains two separate clauses: a prohibition against
unreasonable searches and seizures, and a requirement that
probable cause support each warrant issued. see now;
THE 4th AMENDMENT PROVIDES;
The right of the people to be secure in their person, 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. see also; Katz v. U.S., 389, U.S. 347, 357
(1967) and: Mapp v. Ohio, 367 U.S. 643, 655 (1961); barring
use in state courts of evidence seized in violation of 4th Amendment).
If the police came to talk to the individual (suspect) at your home
and knew he was there and he refused to talk to them or answer
any questions the police,before leaving the scene must produce
a " sworn statement " or a warrant. Look up the Laws where your at but know this; the United States Supreme Court is the Law of the Land and ALL STATES shall be bound thereby! Furthermore,
No State shall make or enforce any Law, Contrary to the Constitution of the United States of America.
P/S: While all arrests need probable cause, or supporting Affirmation, the charges will not be dropped or an indictment dismissed, but all evidence obtained pursuant to an illegal arrest
will or should be suppressed. I hope this helps. I don't judge, as the law states; Innocent until proven guilty in a Court of Law!
GOD BLESS/ GOOD LUCK! |
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lyyman
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No that's illegal search (and seizure), unless there's probable cause. My friend was growing some pot in the house where he was living with his parents (he told them it was for a science project). A friend of the family who was a cop came over to visit and saw it. He told them what it was and confiscated it. They had the right to take it , but not use it as evidence. |
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praymar1
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If they have probable cause, such as if they suspect illegal activity like drug involvement or a hostage situation, they have that right in Indiana/ Unfortunately |
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innovator
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Yes they can, if someone inside is in danger. The FBI can search without a warrant even if youre not home and they dont have to tell you. |
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R.Elsedragon
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they can do what is called a plan sight search meaning they can come to your house and look around at what is laying out ... they cannot look through anything or into any rooms that are not open or you invite them into ... its called probable cause... they had a report of a crime so they had reason to go look to see if maybe it could happen |
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Pawpaw
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If they have reason to believe someone inside is in danger they certainly can. |
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stevie *
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Depends.If you just tell them a molester was "in your house", then no. If you call them and say you or a child were just molested in his house then I would expect them to come with a battering ram and guns blazing. |
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deftonehead778
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The officer can only search the house with a warrant or probable cause. If the officer has no warrant, then probable cause must be stated in the probable cause affidavit if an arrest is made. The probable cause can be anything from having a warrant to arrest an individual in the house, to seeing inside the house through the door or window something illegal (such as a pipe on the coffee table or anything like that).
Of course it depends on that state's laws, but that is how it is in Texas. |
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G G
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well it's suppose to be against the law unless the person is on parole or probation but all they will do is say they had "probable cause" and get away with it. |
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mizz_milk06
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The Fourth Amendment to the United States Constitution prohibits search or arrest without a warrant, unless there is probable cause. |
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patricelynnett
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I thinks its called something like probably cause or something like that. If they come and you say no because they dont have a warrent then by the time they get a warrent you could get rid of 'evidence' but i think its for stuff like terrorism or treason. But for the most part no they cant search your house. Check with a major city's police station near by, probably not the one that searched your house though. |
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Katie E
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not without consent |
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BarbieQ
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I don't think so. |
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chrystal
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you should contact a lawyer and see what the laws of your state are. if it was unlawfull i would sue!!!! happy holidays. |
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?
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no!! they are not suppose to do that... but they do |
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