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What else can I help you with?
Can a police officer follow you into your home uninvited?
A police officer may not enter your property without exigent circumstances. That being said, if the officer has probable cause or exigent circumstances to enter your property, you must allow them.
What is a example of probable cause that would allow police to enter a private home without a warrant?
One example would be exigent circumstances, such as: An officer is dispatched to a report of a loud argument at a certain house. He arrives and hears screams coming from inside the house. He looks through the window and sees one person assaulting another. The police officer now has probable cause to believe that immediate entry into the house is necessary because someone inside the house is being hurt. There are many other examples, but the all boil down to one of the following: 1. Consent 2. Exigent circumstances 3. Plain view 4. Incident to arrest 5. When in "hot pursuit" of a fleeing criminal.
What are the two factors other than a warrant must a law enforcement officer have to perform a legal search on your porpety?
(1) Fresh Pursuit, or (2) Exigent circumstances.
Which of the following is an example of probable cause that would allow police to enter a private home without a warrant?
One example would be exigent circumstances, such as: An officer is dispatched to a report of a loud argument at a certain house. He arrives and hears screams coming from inside the house. He looks through the window and sees one person assaulting another. The police officer now has probable cause to believe that immediate entry into the house is necessary because someone inside the house is being hurt. There are many other examples, but the all boil down to one of the following: 1. Consent 2. Exigent circumstances 3. Plain view 4. Incident to arrest 5. When in "hot pursuit" of a fleeing criminal.
Can a police officer stop you while your are walking on the sidewalk and search you and if they find anything can they charge you without probable cause?
Under no circumstances can a police officer stop you or search you without probable cause. Probable cause is one of the ways that an ordinary citizen's right to privacy is protected from unlawful search and seizure.
Can police search a person without a warrant?
It depends on the circumstance. A police officer cannot randomly search a person for no reason; however, there are many situations in which an officer can search without a warrant. Among those is probable cause and exigent (or emergency) circumstances. An officer, also, has the ability to do an outer-clothing patdown if they have reasonable suspicion that an individual is armed (Terry v. Ohio, Terry Stop, or Stop and Frisk). An officer, also, has the ability to conduct a search of the suspect after an arrest has been made (Search Incident to Lawful Arrest).
Do you have to allow an officer of the law to search your car if you are stopped for a traffic violation?
No. Officers can only search your vehicle if 1) you consent or 2) if they have probable cause. If the officer has probable cause to search your vehicle, they generally won't ask you for permission, but will instead tell you that they are going to search your vehicle. Whether probable cause for a search exists depends on the circumstances.
What give police probable cause to search?
Many small things can be combined to create probable cause. Most often PC for a search warrant comes from either the criminal investigation of a crime in which you are suspected of being involved, or from a named or confidential informant. Searches without a warrant are usually exigent circumstance searches in which the officer can articulate a specific need to search without a warrant. Most often this is used in searching a car. Because a car is mobile and easily hidden, an officer may feel that he has probable cause to search because (for example), through his training and experience, he detects an odor of marijuana. The exigent circumstance exists because if he releases the car and waits to obtain a search warrant, the evidence will probably be gone.
When the victim files an assault what happens next?
It is assigned to an officer/detective to investigate who will look into the circumstances of the offense and determine who it was that did (if they are unknown) and if there is sufficient probable cause to arrest the individual.
Probable cause in a sentence?
Probable cause is a standard of proof required for a law enforcement officer to obtain a search warrant or make an arrest, based on facts and circumstances that would lead a reasonable person to believe that a crime has been committed.
Explaine the 3 prongs in Graham v Connor?
The severity of the crime at issue. Whether the suspect posed an immediate threat to the safety of the officer or others. Whether he was actively resisting arrest or attempting to evade arrest by flight. Any other exigent circumstances that existed at the time of arrest.
Can an officer search your car on a traffic stop without your consent?
If probable cause is given then yes, the officer can.
