Can the police search your home without a warrant? Yes. In order to search your home the police have first find a way to enter your home. There are several ways for police to legally do this. *The obvious is if they ask you and you say yes, youve just waived your constitutional right to privacy. Matter of fact, you dont even have to express it. If they simply enter and you fail to object or stop them, youve just given implied consent. *Another way is access by a third party. Suppose youre not at home and the cops want to enter and search without a warrant and someone else is home (like a babysitter) and they express or imply that they can enter, that consent could validate their entry and search. *Another way is by using the hot pursuit doctrine. If theyre chasing someone and the person goes into your home they dont even have to see them run in your home, they can just have reason to believe that they COULD HAVE gone into your home. *They can search if they believe the suspect may destroy evidence within the home or flee if not arrested...and dont need a warrant *A warrant isnt needed if there is exigent circumstance or perceived danger to themselves or to others. Pretty much if they receive a phone call about a fight and when they arrive they hear screaming inside a home, they dont a warrant. They can just go in.
Posted on: Thu, 29 Aug 2013 00:10:25 +0000
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