0
The home is the most protected place under the Fourth Amendment. The justification of the search of a home is examined very closely by courts.
The police can search a private home when:
- the homeowner or other responsible person gives consent to do so,
- the police have obtained a search warrant based on probable cause, sworn before a judge, and describing specifically the premises to be searched and the evidence the police are seeking,
- an arrest is made within the home, providing that this search is limited to the immediate area occupied by the person arrested,
- exigent circumstances occur.
A "responsible person" is one who normally has control of the premises and can grant permission for people to enter or require them to leave. A boarder who has the run of the house might be a "responsible person," but a young child probably would not be.
"Exigent circumstances" are unusual or emergency situations where the police must act in the interest of public safety or the preservation of life. For instance, if you were at the front door denying entry to a police officer, and a person called for help from within the house, the officer could enter to give aid. Once the person had been rescued or the emergency was otherwise over, the police could not search further. If the police had seen something during the entry that indicated further evidence of a crime is present, they can remain on the premises to preserve the evidence until,a search warrant is obtained, or a judge rejects the application for a warrant.
Wiki User
∙ 13y ago
Wiki User
∙ 11y agoYes, the time frame is listed on the warrant. If for instance the warrant says it must be executed before November 5th, 2012 at 12:00 P.M (Noon) and the Police execute the warrant on November 5th, 2012 at 6:00 P.M, than the warrant was invalid and anything seized during the search will be suppressed by the judge.
Wiki User
∙ 14y agoIt depends on the country you are in. Certainly in the UK they can do so in hot pursuit or with reasonable expectation that a crime is being committed.
Wiki User
∙ 14y agoNo only if they have a warrant they could ask to come in but its your choice.You should listen to Papoose law library saga.
Wiki User
∙ 10y agoIf there is a legitimate danger or threat. They also can if they have proper documents from a judge.
Wiki User
∙ 14y agoIn most cases, a search warrant.
Add your answer:
Earn +20 pts
How do you use search warrant in a sentence?
The police got a search warrent in order to search the suspect's house. The suspect would not allow the police to search his home without a search warrant.
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.
Can cops search your house without a warrant?
Under most circumstances, no. The police usually need a warrant to search your house, car, property, etc. However, there are some cases in which the rule can be bent. If you are being arrested, the police may search you and your property for weapons or other accomplices for their own safety. If the police already have permission to be on your property, and they see some form of evidence that is clearly visible, they have the right to lawfully seize it. If the person who is in control of the property gives consent to the police, they may search it.
Can police search your house when you have a warrant for your arrest?
yes
If yr not at home can police enter a house without a search warrant?
Enter for what? To do what? For what reason? Question is too broad to answer. You need to state more specifics. no they cant enter your house without your permission unless they have a warrant
Can the police search your house without a warrant if you are bonded out from a felony charge?
You need to examine your release agreement and local law.
A search warrant was issued to your friend house and your truck was there can it be search?
No, because the warrant is for the house and house only. Although police officers would probably still search the vehicle, only to use the warrant as an excuse for an illegal contraband hunt.
If you are on informal probation do the police need a search warrant to search your house?
yes they have to have a paper signed by a judge
What does the forth amendment mean?
I'll give an example. When police come knocking at your door, demanding you to open up and let them search the house, you can say, "No, I need to see your search warrant." The police MUST have a search warrant in order to search your house and if they don't, you can kick them out! :) Hehe.
What is the purpose of a search warrant?
Only the police can apply for a search warrant, and only a judge can approve of the search warrant. The police only apply for search warrants when they have reasonable suspicion that their suspect is hiding something illegal in his/her house.
Can the police search your house if they hear shooting in your backyard?
If the police have probable cause to believe that a crime is being committed, they can search a house without a warrant. There are too many variables for a short answer. The short answer is you can tell the police they are not allowed to search your house. Be sure you record it if you can, but DO NOT resist. If they continue to search the house you can pursue legal remedies such as a law suit or, trying to have evidence thrown out should the police uncover something due to an illegal search.
What allows police to search private homes?
Police can search a private home if they have a warrant to search a house. There may be some exceptions under the Patriot Act.
