Can police enter without a warrant? 16 Answers as of July 19, 2012

can police and or detectives enter your primisess whithout a warrant

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Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
If there is an emergency, with your consent or that of a joint occupant or if they are pursuing a fleeing felon.
Answer Applies to: California
Replied: 7/19/2012
Steven Alpers | Steven Alpers
Usually no, however, if they believe it is an emergency and someone may be injured inside or that evidence will be destroyed they may enter. If evidence will be destroyed, they freeze the place and apply for a warrant. You would generally be handcuffed until they get a yes or no from a judge, unless they already have evidence sufficient to arrest you.
Answer Applies to: California
Replied: 6/21/2012
Law Office of Jared C. Winter
Law Office of Jared C. Winter | Jared C. Winter
Yes, they can under certain circumstances. If you have a criminal case and believe the police may have illegally entered an area that you have a reasonable expectation of privacy in, then you should contact an experienced criminal defense attorney in your area to have your case evaluated.
Answer Applies to: California
Replied: 6/19/2012
Universal Law Group, Inc. | Francis John Cowhig
The short answer is, usually no, unless you or someone else grant them permission to enter. However, under certain circumstances, the police are allowed to enter a premises without permission. I strongly suggest that you contact an attorney for a face-to-face consultation and give him/her all of the facts surrounding your case. He/she would then be in a better position to analyze you case and advise you of your options.
Answer Applies to: California
Replied: 6/19/2012
Dennis Roberts, a P.C.
Dennis Roberts, a P.C. | Dennis Roberts
If they believe a crime is in progress or similar reason they can.
Answer Applies to: California
Replied: 6/19/2012
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    Enter a business? Yes just like any other person with any access limitations that may apply to the public, but they can't conduct a search without a warrant or consent, and you can tell them to leave just like you can any other person. Enter your residence? Not without your consent or a warrant.
    Answer Applies to: California
    Replied: 6/19/2012
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    Sometimes. Depend on the circumstances which you left off.
    Answer Applies to: California
    Replied: 6/19/2012
    Law Office of Brian K. Wanerman
    Law Office of Brian K. Wanerman | Brian K. Wanerman
    NO! Unless one of a few extenuating circumstances exist. The prosecutor will usually claim one or more of these to justify the illegal search: Extenuating circumstances (the police reasonably believed someone's life was in danger or that you would destroy evidence) Hot pursuit (the police were chasing a fleeing felon who ran into your house) Consent (You allowed the police in) If none of these exceptions exist and the police come in anyway DO NOT INTERFERE and DO NOT SAY ANYTHING except "I wan't to speak to my attorney".
    Answer Applies to: California
    Replied: 6/19/2012
    Law Office of Joe Dane
    Law Office of Joe Dane | Joe Dane
    Under certain, limited circumstances - yes, they can. Search issues are very, very fact-specific, so your attorney will need to examine the entire case to determine if the entry was legal or not.
    Answer Applies to: California
    Replied: 6/19/2012
    LynchLaw
    LynchLaw | Michael Thomas Lynch
    There are exceptions to the warrant requirement. Most often either consent or emergency circumstances are used. There are other exceptions as well, it all depends on the facts of the matter. If the police did enter unlawfully, then any evidence they might have discovered can be kept out of court. Consult with an attorney.
    Answer Applies to: California
    Replied: 6/18/2012
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    No, but most people are foolish enough that they'll consent, either directly or implicitly.
    Answer Applies to: California
    Replied: 6/18/2012
    Todd Landgren, Professional Law Corp.
    Todd Landgren, Professional Law Corp. | Todd Landgren
    There are many Exceptions to basic Search and Seizure laws, as well as exceptions to warrant less home searches. Needless to say, police don't need a warrant if one of those Many exceptions is present.
    Answer Applies to: California
    Replied: 6/18/2012
    Thomas C. Brandstrader Attorney At Law | Thomas C. Brandstrader
    Not if you say no.
    Answer Applies to: Illinois
    Replied: 6/18/2012
    Law Office of Eric Sterkenburg
    Law Office of Eric Sterkenburg | Eric Sterkenburg
    There are exceptions to the requirement of a search warrant. This includes when it is impractical to secure a warrant or when there is explicit or implied consent to the search. Additionally warrants may not be required if circumstances preclude any reasonable expectation of privacy . Other exceptions include searches incident to a lawful arrest or searches ensure safety, such as ?stop and frisk? procedures searches of items in plain view; and searches of student belongings. Without an exception the police may not search your home without a warrant.
    Answer Applies to: California
    Replied: 6/18/2012
    Attorney at Law
    Attorney at Law | Lance Daniel
    Yes they can under certain circumstances. For instance: a person is on searchable probation, or in an emergency.
    Answer Applies to: California
    Replied: 6/18/2012
    Law Office of Edward J. Blum
    Law Office of Edward J. Blum | Edward J. Blum
    There must be exigent circumstances like pursuit of criminal, stop ongoing crime it prevent destruction of evidence to allow warrantless entry.
    Answer Applies to: California
    Replied: 6/18/2012
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