Not asking for legal advice but under what circumstances do officers need a warrant to come in?

[taterguy]

Please answer ASAP.

Thanks!

[H2O Man]

1. It's easier

to think of reasons they don't need a warrent.

[A HERETIC I AM]

2. All. n/t

[mikelgb]

3. under all unless they believe they have probable cause.

bottom line: If they believe they can come in and want to come in they will and one will have to handle it in court.

[taterguy]

4. I will have to handle it? Who said I was talking about me?

[uppityperson]

6. I think it was the royal "you", not you you

[mikelgb]

8. updated to 'one'

[uppityperson]

5. Immediate child endangerment. 911 call. Not sure if DV would work if no 911 call.

those would be my guesses.

[taterguy]

7. "DV"? Not hip to the lingo and Google is no help

[H2O Man]

9. domestic violence

[bemildred]

10. Officers can do whatever they like. nt

[pitohui]

11. pretty much all the time except in case of emergency or they have probable cause

i don't allow them in, i step outside to answer their questions, it's just common sense even tho i don't have/don't allow drugs in my place

be polite but be firm, if they are knocking and ASKING you, but don't have a warrant, it's pretty much for sure that you DON'T have to let them inside

i am not a lawyer this is just my opinion/experience

if they thought there was some emergency, such as a woman being killed in your place, they wouldn't dick around asking you, they'd break down the door and worry abt consequences later

[taterguy]

12. Not according to Post #10

Which one of you is right?

[bemildred]

14. He is talking about what they can get away with in court.

I'm talking about what they can get away with.

[pitohui]

15. well i'm pretty sure i'm right, since i've kept officers from entering my place before

i do it politely but firmly -- as in, i step outside and close my door behind me while politely answering their stupid and repititive questions, trying not to betray my annoyance

keep in mind, there is no smell of "smoke" etc. at my place, i try not to give them probable cause

i guess a bitchy imaginative officer could always "say" he smelled smoke where he didn't but if the officer is honest, i'm right

[Name removed]

16. Deleted message

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[H2O Man]

17. #11

"One" does not have to allow police into their home, unless they have a warrent, with few exceptions. That does not mean they will not come in by force, but it does allow "one" with the possibility of having anything they might find tossed out of a court case.

[Rabrrrrrr]

13. Under any circumstances in which the cop feels like he/she doesn't need one.

After that, once the damage is done and the person is already fucked, it's up to the courts to make the decision.

[Richard D]

18. I believe . . .

. . .that once you give permission to enter, you have given permission for a full tear down search should they so choose. There was loud knocking at my door one night and I opened it up to find a shotgun in my face. The officer asked if they could come in and look around. The shotgun was pretty convincing. I was young and not wise then so I never complained about it.

[izquierdista]

19. All the time

Sit out on the front porch if they want to talk.

[taterguy]

24. What if you don't have a front porch?

[elleng]

20. All, but 'hot chase.'

[enough]

21. Please read this. Know Your Rights (ACLU)

http://www.aclu.org/national-security/know-your-rights-when-encountering-law-enforcement

[kenny blankenship]

22. If they can say they had a reason to believe a crime was being committed that endangered life

or presented the threat of serious injury, or presented a threat of serious damage to property, they can claim exigent circumstances and enter without a warrant. If you let them in, they can come in without a warrant. If they can say they believed a life was endangered inside the house and no crime was suspected, but it was reasonable to believe entering without warrant was required to save the life, they can come in. If they can say they were in hot pursuit of a suspect in a crime, they can come in without warrant. if the situation doesn't present some kind of imminent threat of serious injury or death or large scale property destruction, or doesn't involve hot pursuit of a suspect, then a warrant is supposed to be obtained prior to an entry for search. But once they are inside, through whatever warrantless means they gained entry, either through consent or through claim of "exigent circumstances", they can arrest for whatever legal violation they then discover evidence for on the premises. In other words, they can let themselves in because a citizen reported hearing "a loud argument and painful screaming", and then bust you for the pot plant in your closet, or what have you.

I'm not a lawyer, and my "legal advice", which is not being offered, is worthless.

[Roon]

23. I have had officers come in without a warrant

They were doing a "knock and talk" next door and could smell our weed. They rang the doorbell and asked for the lease holder of the house.When I got to the door the cops asked me to step outside. Instead I slammed the door in their faces. They started pounding and screaming that they were going to use a battering ram to come in. That scared the shit out of my lover so he let them in. They cuffed me and searched the house. They seized our weed and pipes, wrote us citations, and left.

I demanded a jury trial,the cops never showed up to court..all charges dropped. They were just looking for the mother lode.