Friday, January 27, 2012

Can a Police Officer Enter a Home Without a Warrant?

OFF THE WIRE
Can a Police Officer Enter a Home Without a Warrant?


Alyssa Menard
If law enforcement officer suspects criminal activity or contraband at a particular location and can prove "probable cause," a judge can issue a search warrant. A search warrant is a court order that allows the police to search a specified location for specific objects for a duration of time.

Unreasonable Search



    • The fourth amendment to the Constitution protects citizens from unreasonable searches and seizures by law enforcement. The amendment requires search and arrest warrants be sanctioned by a judge and supported by probable cause.
    • Exceptions
    • Officers can search homes without warrants if the homeowner/renter willingly consents without coercion or deception.
      An officer rightfully on someone's property can legally search if he is in view of contraband or visible evidence of a crime.
      Officers already arresting someone in their home can search to prevent the destruction of evidence or for weapons or accomplices.
      Officers can search in time-restricted situations where the process of obtaining a valid warrant could compromise public welfare or potential evidence.
    • Rights
    • The owner/renter of the property has the right to read the warrant or to have it read to them. They also have a right to request an explanation as to the reason for the search.





    • Alyssa Menard began writing professionally in 2007. She has written numerous articles, editorials and reviews for various Web sites. She is currently a freelance blogger and journalist. Menard is a graduate of the Tobin College of Business at St. John's University, with a Bachelor of Science in marketing.
    By Alyssa Menard, eHow Contributor


    Read more: Can a Police Officer Enter a Home Without a Warrant? | eHow.com http://www.ehow.com/facts_7466805_can-officer-enter-home-warrant_.html#ixzz1kXF5XQ00