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Depends on the situation. If the police feel there is a need for emergency action or there is a life-threatening situation in the house then the police don't need a search warrant, they also have probable cause at their disposal.
Wiki User
∙ 12y ago
Wiki User
∙ 10y agoYes, to an extent. Police under regular circumstances cannot search you or your property without a warrant, but there are exceptions to this rule. For example, if a suspect flees, the police have the right to search the scene. Another exception is when a arrest is made, if a arrest is made in property (like your car or your house) then the police can search the surrounding area (usually meaning the room you are arrested in and maybe some of the surrounding areas.
If you live in a apartment or are renting someone other than you could agree for the police to conduct a search, like your roommate or the landlord.
In addition, if the police are attempting to serve an arrest warrant at an address that has the same address as on the arrest warrant, police only need reasonable suspicion to believe the person named on the warrant is inside the dwelling to enter.
For a third party address (ie: person named on warrant is at friends house and the friends address does not appear on the warrant) police then need probable cause to enter the dwelling (ie. neighbor says the person named on the warrant is inside the house.)
Also see Payton vs NY.
Wiki User
∙ 16y agoYes a police officer does need a warrant to come into your house, by force. But if the officer would ask to come in and you reply yes, he can come in without a warrant.
Wiki User
∙ 15y agoGenerally no. Exceptions are when in "hot pursuit" or after obtaining a signed "Consent to Search" form by the homeowner.
Wiki User
∙ 13y agoyes unless there is sumthing in sight for the cop to see that gives him probable cause. only obvious hard core evidence. otherwise if its your property they must have a warrent.
Wiki User
∙ 13y agoYes they can.
Added: (in the US) The above answer should have included the phrase, "under certain circumstances."
Wiki User
∙ 15y agono they do not
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Does a police officer need a search warrant to come onto your property?
A police officer needs a search warrant signed by a judge to search your property for evidence. The officer does not need a search warrant to come onto your property if he has reasonable grounds to think a crime is in progress or if the officer is in pursuit of a suspect.
What if the officer used open hand search in their home?
Police officers are trained to use an open hand search when they are searching somebody for weapons. To enter the home, the police need to have a search warrant or the consent of the owner.
What is needed by police to enter a private residence in order to collect evidence?
The police need a Search Warrant to enter a private residence in order to collect evidence unless they have reasonable cause.
Can the police enter your house without you there?
The police can only search your house and property with a search warrant or with your permission. Contrary to the belief of most people, the police have no right to search your property for someone who does or doesn't live with you without a warrant.
What laws state that police have to have a search warrant to enter private property and search?
In the UK, the Police and Criminal Evidence Act 1984 provides the framework outlining the powers of the police, including the cases when a warrantless search can be conducted, and when a warrant is required.
Whats the Difference between search and arrest warrant?
A search warrant allows the officers to enter and search your home or office, whatever is specified in the warrant. An arrest warrant allows the officers to take the offender into custody AND search the area where the offender was located.
In Texas can police enter a residence with misdemeanor arrest warrant when they are denied admission?
Police with an arrest warrant can enter the home of the person named in the warrant if they have reasonable grounds to believe he is on the premises. They can search the premises in any place the accused person would be able to hide (they couldn't for example, look in the drawers of a nightstand, because no one could hide there). Police have to get a search warrant to enter the house of a person other than the one named in the arrest warrant.
Which amemdent to the constitution says a search warrant is needed for police to enter a home?
Fourth Amendment.
What protection does a search warrant provide citizens?
It keeps the police from being able to take your property or enter your dwelling indiscriminately. Meaning: under normal circumstances, a police officer cannot just take your property or come inside your house for no reason. He would have to appear before a magistrate and request a search warrant. Normally, courts will not issue a search warrant unless there is a valid reason to do so.
If you are not home when a warrant is served can the police contact landlord in order to enter?
Yes, an occupant or resident is not required to be present when a search warrant is served.
What method of entry can police use to enter a house with a search warrant if no one is home?
Police can use reasonable force to enter a property with a warrant. However, unless it's a no-knock warrant the police will generally give you approximately 15 seconds to come to the door before they force entry.
Can a officer enter a residence by the smell of marijuana Can an officer detain a guess in a apartment without a search from the smell of marijuana?
* Police can obtain a search warrant based on the smell, and they can prevent people from coming and going until the warrant is brought to the scene. This is not done often. In most jurisdictions, the smell is enough for an investigative detention of a person. Some jurisdictions permit the entry to the next room (based on the smell) if the police were already in the house. * Yes. As far as I know, it is legal to execute a search of the property based on the plain "sight" clause. The smell of marijuana is probable cause to search the property. A search warrant is not needed, nor will any police officer attempt to procure a search warrant based on the smell of weed. It takes a lot more than the smell of weed to get a search warrant. The answer to your second question is: No. A police officer cannot detain anyone just for smelling like marijuana. Smelling like pot isn't illegal, only having it is.
