How does one prevent illegal search? 5 Answers as of September 03, 2013

If an officer of ACB after rape thinks fit that immediately search of the accused home is required without undue delay can he do so without any permission from his senior or court of law?

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Lawrence Lewis
Lawrence Lewis | Lawrence Lewis, PC
Whether it is an illegal search is dependent on the "totality of the circumstances" You have included no facts, only poor worded question, so there is no way to answer the question.
Answer Applies to: Georgia
Replied: 9/3/2013
Universal Law Group, Inc. | Francis John Cowhig
Unless he had permission from the accused or an owner of the residence, the police, under most circumstances, cannot search a home without a search warrant. There are exceptions, but the burden of proof is on the D.A. and the police to prove the exception.
Answer Applies to: California
Replied: 8/28/2013
Law Office of James E. Smith
Law Office of James E. Smith | James Smith
Can't stop it as it's exigent circumstances.
Answer Applies to: Nevada
Replied: 8/28/2013
Law Office of Brendan M. Kelly
Law Office of Brendan M. Kelly | Brendan M. Kelly
No, not unless the crime occurred in the home and just happened.
Answer Applies to: Nebraska
Replied: 8/28/2013
Attorney at Law
Attorney at Law | Michael J. Kennedy
A residential search presumptive requires a warrant and there are very few instances of exigency that invites otherwise. You have not presented whatever exigency you think they think they have.
Answer Applies to: California
Replied: 8/28/2013
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