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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).
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Can police intervene in animal cruelty or hoarding cases?
Generally police can respond to a complaint and investigate its validity. If they find reasonable cause they may investigate further. But they may not enter a premises without the consent of the owner or without a search warrant. Having found reasonable cause they may request a search warrant. If they get it, then they may "intervene." But this scenario is based on the assumption that police follow every step of due process. That isn't always the case. And often suspects don't know their rights. So unwittingly suspects may give police more information than they need to.
Do police need a search warrant in Canada?
In the general context of the question, the answer is yes, however consult a Lawyer for specifics to your case. Basically, what makes a search legal in Canada is the existence of Probable Cause to believe either that a crime is in progress or that the search will turn up evidence pertinent to an investigation. There are occasions when probable cause can be deemed to exist, allowing a police officer to search a person, item or premises without a warrant, and there are occasions when an officer requires either consent or a warrant to search. Examples where police do not require a search warrant: -The police are looking for a missing woman and knock on your door as part of a neighborhood canvass. Visible over your shoulder, lying on the floor, is a woman. -During a traffic stop, a strong odor of marijuana is wafting from your car -A fleeing suspect runs into a home -There is an immediate danger to life or property if they are not permitted to conduct the search (such as a house on fire). Notes: -Unrelated evidence turned up while conducting a legal search is admissible. For example, if the police enter that home on fire looking for victims and find your grow-op, that evidence is admissible. -A mere refusal to consent to a search cannot be used to help establish probable cause. For example, if a police officer asks you to if he may look in your trunk, saying "no" does not, as a matter of law, give him probable cause to suspect you're hiding something. Without other grounds, he cannot search the trunk.
Can a minors car be searched without the consent of the parent in Oregon?
Yes, if there is consent by the minor, probable cause, a warrant, an arrest, or other authorization to search them
What is the proper warrant required by the police to search a cell phone in nz?
I am not sure but i will try help in the mean time. New Zealand police MUST tell you exactly what the search warrent they are issuing you means and what it gives them the right to do, if they don't it means theyre in serious trouble. You can request your lawyer attend any lawful search regardless of wether they surprise you or let you know they are comming. If you feel a search is unlawful you can get a lwayer and discuss it with them.
Can a police officer search a 14 year old child without permission or consent from a parent for trespassing?
Yes, it can be for their own safety as well as other reasons. A person in custody, minor or adult, must be searched before they are booked. Seeing an officer does not need permission from a parent to arrest their child, a search without the parent's permission would coincide.
What is a court order allowing an individual or his or her property to be searched or siezed is called?
When police officers have a court order to search a home or a person, it is called a search warrant. If a police officer has reasonable suspicions, then they can search a person without a search warrant.
If arrested can police search your car without a warrant?
Yes they can search it
Can the police search the premises without first showing a search warrant?
Yes, the officer may search. Police may search a building if they reasonably believe a valid search warrant has been issued. They do not have to possess the search warrant.
If the police broke into a person and home illegally to look for evidence that could be?
To come into a home the police need a search warrant to search. Without the warrant the evidence is not admissible in court. It would be an illegal search.
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.
What conditions can a police officer search a person?
When he has a warrant, when you get arrested and if you give them permission to search you
When can the police search legally without a warrant?
If the Police or other authorities see you commiting the crime.
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.
Do the police need a warrant to search Facebook?
A warrant may be necessary for the police to search the server that Facebook is running on. It is also possible that FB may choose to allow the search without a warrant. If the 'search' is simply examining publicly available information on any web page, no. A warrant would not be necessary.
What is a body attachment warrant?
The 4th Amendment to the US Constitution protects individuals from unreasonable search and seizure. Therefore, the police cannot just enter your home and invade your privacy without a search warrant.Likewise, the police usually cannot force a person to disrobe and submit to a body cavity search. And they cannot force a person to supply a blood sample or urine for DNA analysis.A body warrant is basically a search warrant on a person's body. The police then have the right to invade that person's privacy and search his body, take his blood, etc.
Can and will the police get a search warrant to search another person apartment if a person is wanted for a misdermeanor arrest warrant?
I have seen them do it All they need is 1 neighbor to say they saw ya
Can police issue a new search warrant while exacuting a search warrant?
Ive heard of police with a search warrant finding something non-related to the search warrant, and then issuing a new search warrant on the spot regarding the new issue.
