Can police go in home with no warrant?

Tim H

Absolutely,

All they need to have is reason to believe someones life is in immanent danger. No warrant required. BUT they better have a good reason if it goes to court, otherwise no, they can't just walk in for no reason.

strike_eagle29

THE ONLY TIME THEY CAN ENTER A HOME WITHOUT A WARRANT IS IF THEY FEEL THAT THE OCCUPANTS OF THE HOME ARE IN IMMINENT DANGER OR IF THEY CHASE A CRIMINAL INTO A HOME. OTHER THAN THAT THEY NEED TO GET A WARRANT FROM A JUDGE.

chicnlips2012

........if given permission............

mosha9999

Russellma sets forth the best answer. Although a search warrant is typically required for police to go in your home, there are 4 exceptions to the search/arrest warrant requirement for police to search a home residence without a search/arrest warrant. Good job Russellma!! You must be an attorney or must have taken criminal procedure in law school.

Reddog

yes, if there is reason that something illegal is going on are someone is in danger are life threating

Unless they were looking for terrorists under statutes in the patriot act no , they must have a warrent to enter your home uninvited .

Lin_Z

no. it is in the u.s. constitution that they must have a warrant that is called a unlawful search if they don't have one

Computer Jock

There are certainly a number of legitimate reasons they can come in without a warrant. But, they are also trained to avoid the need for one.

Example: "Hello, Ms. Smith. Would you mind if we came inside for a moment?"

Basic respect for the police instilled in most of us, especially children, will cause an immediate and unconscious agreement to the request. Congratulations, you've just eliminated the need for a warrant and all the objections in court related to it.

Mr. Mauser

Only if they can prove "probable cause" that there is a crime being committed on the property.

rhsaunders

Only if they perceive an immediate and credible threat to persons, as when pursuing a dangerous fugitive.

princessecutie

No that is illegal

Josh G

No they are not allowed, unless the people in the house let them in. However, the only time i can think that they can do it without permission, is if they are chasing someone and they run into someone elses house. In that case, they are permitted.

neoconammo

If a persons life is in immediate danger or if they witness evidence of a crime through the open door, Then they can enter.

one4god

A police officer can not enter your home forcefully without a search warrant, but if you invite them in, yes. In addition to the police making a judgment call of imminent danger for anyone residing or visiting there.

howardlee1977

no, they need a warrant to search the premises

Jeffrey V

Under the 14th Ammendment, the people enjoy the right to be "secure in their persons, places,papers and things" against unreasonable search and seizure by police and those acting as their agents.
As with most, there are exceptions to this rule. 1. Hot pursuit.
If police are in hot pursuit of a fleeing felon, then the warrant requirement doesnt apply. 2. Public safety-if the person pursued is a danger to themself or others. 3. Destruction of evidence-if to prevent destruction of otherwise seizable evidence. And of course there are others.
The key question seems to be if the teenager had legal capacity to consent. In Minnesota v.Olsen the issue was if a tenant in a rented room had acquired a right to privacy similar to that of the owners of the home. The Court in Olsen ruled that a
rental of a room in a house or a hotel creates a leasehold, which simply defined is one half of title to that property, equitable title, the other half of course being legal title. So, only if the child in question was somehow incompetent, or otherwise lacked capacity to consent, then the search would be treated the same as any other unlawful search, and all of the exclusionary rules will apply. You should know that silence can in some cases be
construed as consent.

LoVeStOnEd

No, they need a search warrant before they can search a house at all. It is ilegal otherwise, unless of course they are invited in by the person in the house.

They need a warrent, unless invited, or have probably cause to enter...

e.g. do you smell that smoke? Do you hear that baby crying? Didn't you see that guy with a gun just run in here?

:)

sandy

no there are breaking the law

may25

No they can not come in the house unless they are in pursuit of someone and they see them go into your house or if when they come to the door they see any illegal activity going on in the home. Other than that they do need a search warrant.
If there was an arrest when they went in or if anyone was charged of anything because of them entering into your home then that could be thrown out due this. If nothing happened while in your house, then you can try to do something but it is a hard thing to sue for. All them usually get thrown out.

Police do not need a warrant if there is probable cause that a crime has been, is being, or is about to be commited on the premises.

delicateharmony

Like vampires - police cannot enter a home without an invitation or a warrant.

Though Bush and friends have pushed to change this, to my knowledge this remains the law.

The exception is 'just cause' screaming, blood, whatever, evidence that a crime has been committed or is the process of being committed.

-dh

~Another Day~

They have to be invited maybe she did it and not realized.

nyxcat1999

She is a monor at a residence where there may or may not be a controlled substance. they can enter under the claim of health and welfare, but still cannot execute a search. in order to actually question her they would have to secure her fathers permission or cantact a child advocate. the only other way they can talk to her is if the state you are in allows minors of a certain age to waive their right to a child advocate and speak without parents consent. The warrant issue still stands. no warrant , no search. probable cause can only get you so far, after that the cops need to bring something the judge can work with. granting warrants carte blanc to police is a good way to find yourself not being re-nominated for the judges seat.

searious

They can if they say they felt there was someone inside in imminent danger and only their entry would prevent harm. It would be their word against the occupants (I didn't see the previous question). If they found something in your home of an illegal nature then it could be admissable and used against you in a court of law because if it was in plain sight.

zzHoUnDzz

Keep your doors locked!

wa_tailback2

no they cant do that

iamct01

Could be a Texas warrant, cop at front door knocks, one cop stands at the back door and yell come in! and the cop at the front door walks in.

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