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

wuxxler

No.

Answerguy

Not if you were on probation or if they had probable cause, or you invited them in.

jay k

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.

scrudriva05

Not if you give them permission to search or they have probable cause.

deejayspop

They would need probable cause such as something in plain view that was suspicious or illegal, other than that, it sounds like illegal search and siezure to me.

redunicorn

Police need a search warrant unless there is probable cause. Contact a lawyer.

The Eagle Keeper

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!

netjr

The only exceptions to needing a warrant are:

1) Your permission - which can be implied if you do not tell them to stop;

2) Imminent harm to someone they perceive to be real based on some evidence they intend to offer - like I heard a screaming woman so i busted the door down to find her.

DOOM

Only if they have probably cause. Based on your scenario, having a huge bong visible from a public area would be probably cause. The good news is, as long as she didn't have probably cause and had no warrant, no one can ever charge you for anything she found. Get yourself a lawyer, and make sure the officer's jurisdiction pays your legal fees.

Christina

if you are on probation they have a right to come in any time they want. they can also come in if you give them reason too. like if the house smells like pot or if there is a gun exposed or something like that.

Bill

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?

krissie

usually thay cant unlesss you say it is ok. usually they have to have a warrent from a judge saying that they are allowed.

Exploremore

yes

Melanie

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.

one_for_the_doctor

Were you on probation?

totallynecter

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.

somebody

nope, that violates the fourth amendment to the us constitution, they cant do that, and they also cant just randomly search even if they do have a warrant, they have to be looking for something specific

spiritdom916

There are rare exceptions, such as if you are on parole, a past felon, or someone in your household is a past felon.
It depends on the state. I WOULD however contact a lawyer, as it just doesn't sound right.

Also, with Bush/Cheney in the White House, you probably don't have ANY rights anymore, esp. if you voted Democratic.

xbabygrlx90

i thought they needed a search warrant. you should ask them the next time you see one of them.

mexican leona

unless they have an extremely good reason, matter of life or death situation, burning down the house, something drastic, then i will assume that yes, they do need one

farmer

if you say "NO, you cannot come inside my house and please leave my property" AND you stay inside your house (the front porch doesn't count as inside your house)......as soon as you let them take one (1) step inside, that house is theirs for the searching

Robert F

They are supposed to unless you give them permission. the courts have ruled that some secret words or phrases are permission given.
If they can see something in plain sight they can search the immediate area only, they must be able to verbalize what it is they are looking for on the spot.
If they perceive hearing or seeing someone in trouble they can take immediate action.
If you have something not quite right never let them in the front door as that may be construed as permission to search.
Best thing is to not have anything of a questionable nature in your possession.

Trooper knows

Eve

No, you said they could not do that. Unless there was
probably cause....someone screaming for help..etc.
I would speak to an attorney.

â™¥BlacKatâ™¥

no they must always have a warrant, you can actually sue

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