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Can the police without a warrant or reasonable suspicion come on your property that is posted with no trespassing signs?
They can but any evidence that is collected would come into question during any court proceedings. If you have an unobstructed driveway or sidewalk that leads to your residence, it can be articulated that anyone may approach your residence. The rule is generally what a "reasonable" person would believe after seeing no trespassing signs, but then seeing a mailman or deliveryperson go to your house, and a clear walkway to your front door. Take away that "welcome" mat too. Gates and fences would reinforce the no trespassing sign, and the police would need a reason to approach your house.
What else can I help you with?
What is a permission from a judge based on reasonable suspicion?
Warrant
How long is a trespassing warrant good for?
A trespassing warrant does not have an expiration date unless the person who has requested the warrant withdraws it. A trespassing warrant a valid document of someone requesting another person to not enter onto their property without permission.
What is needed to acquire a house search warrant?
A search cannot be conducted without a warrant, which cannot be obtained without evidence of reasonable suspicion. This reasonable suspicion is often referred to as probable cause.
What are the relevant case laws regarding trespassing on public property?
Some relevant case laws regarding trespassing on public property include United States v. Jones (2012), which established that placing a GPS tracker on a vehicle without a warrant constitutes trespassing, and United States v. Katz (1967), which ruled that individuals have a reasonable expectation of privacy in public spaces. These cases highlight the importance of understanding the legal boundaries of trespassing on public property.
Can police wait 5 hours at your home for a search warrant?
Yes, and it is very common if there is reasonable suspicion but not probable cause for entry without a warrant.
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.
What is reasonable cause?
Reasonable cause, or reasonable suspicion, is a legal term for enough evidence to suggest that someone might be carrying a weapon to warrant a pat down. Only weapons can be searched for based on reasonable cause.
How can one obtain a trespassing warrant?
To obtain a trespassing warrant, an individual must file a report with the police providing evidence of someone unlawfully entering or remaining on their property without permission. The police will then investigate the claim and, if sufficient evidence is found, a judge may issue a warrant for the arrest of the trespasser.
How do you lift a trespassing warrant?
Talk to an attorney
Can you get charged with murder on hear say?
Probably not. In order to charge someone with an offense - Police need reasonable suspicion that a crime has been committed. Hearsay does not fall under reasonable suspicion nor do hunches. They need evidence to support their allegations to obtain an arrest warrant or an indictment.
Under what circumstances can police detain you without cause?
Police can detain you without cause if they have reasonable suspicion that you are involved in criminal activity or if you are being arrested with a warrant.
What would define a faulty warrant?
A search warrant could be faulty if it has wrong information on it. Then it would make the search warrant void. This can be the wrong name or a mistake on the address. If there is not a reasonable suspicion it could also be faulty.
