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When do police have the right to enter your home?? |
What if the police came to your apt door under the suspicion of funny cigarettes and the door was locked??? Do you have to let them in even if there is nobody thats in danger? Could you just talk to them through the door and tell them everything is ok and they dont need to come in??? An educated answer please So if Im locked inside the best bet is to just talk to them through the door even if they say they can smell the funny cigs and let them know everything is A ok??? If they have a: When they have a search warrant or probable cause. First, police cannot enter a dwelling without your permission, without a warrant. I am no lawyer nor law student but I think they must have a court order to enter. Please check. They need a warrant to enter your house, you do not have to let them in, you can tell them it is okay to enter and they can without a warrant. In order to get a warrant they have to have evidence, not just a suspicion. They cannot enter a private home without a warrant. Police can enter your apartment whether you want them to or not if they have a warrant. If a police officer was to walk by a home or drive by a car and smell "funny cigarettes" they do have search and seizure protection and probable cause. Well at least that is how it is here where I live. Police cannot enter your home without a warrant signed by a judge without your consent unless they believe there is immediate danger such as someone screaming for help. They can suspect all day long but until the judge signs that warrant, they can't pull you out of your home or search your home without that warrant. The police used to need a warrant - to convince a judge that there was evidence a crime was being committed in the apt. But now, thanks to the treasonous actions of president Bush and the Patriot Act, the police don't need a warrant, they don't need a reason, and you don't need to be home - they can now do what's called a "sneak and peep" entering your home at will to look at anything they like - and never ever have to tell you. It's the same thing as with vampires! cops are allowed to come in your house if they are chasing a criminal and see them run in there, if they have an arrest warrant for someone who lives of frequents that address, or if they observe a crime in progress, other wise if they ask to come in and you say no, they legally are suppose to get a warrant, the 4th and 6th amendments protect us and the things we do in the privacy of our homes. if they inter without a warrant, chances are if you get an attorney, you'll win your motion. Only when they have a Judge Order . If they do not never, never never. |
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