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    Speak Up! - View Question #299


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    Question: Can the cops come into an enclosed porch without a search warrant or being let in by someone inside?

    Answer: It depends. If the door to the porch is open and the officers need to cross the porch to knock on the door, they can come in. Also, there are exceptions to the search warrant requirement. The first one, plain view, would allow the officers enter the porch if they can see evidence of a crime from outside. (The bong is in plain view in the porch area.)

    Another exception is called exigent circumstances. If the officer sees someone commit a crime and they run through the porch and into the house, the officer can follow the bad guy into the house to prevent the loss of evidence. (The guy runs into the house with the crystal meth. The officer is hot on his tail to stop him from destroying it. ie; flushing it down the toilet, eating it etc.)

    So, yes they can come into an enclosed porch, but only under limited circumstances.


    Comments
    1 thru 5 of 5 comments    [ 1 ]   
    On 05/16/04
    Ryan from VA said:
    Last Night which was May 16 2004. I had a b-day party. My friend invited some girls who told us there parents said they could go. We picked them up and the next morning there parents called the cops reporting there daughters been kidnapped. The Sheriff came we fled the scene and he searched the house w/o a warrent and took an empty case of Smirnoff XXX. Then blamed my older brother for buying it. Now I have a M.I.P and he has a charge for distributing to minors. I think warrants don't even exist in our societies no more. And I think it never has and never will.
    On 11/03/03
    dan from CT said:
    IT was a friday night and the cops came. they want to the door and asked my friends mom. where are the drugs and kind of pushed her out of the way with out asking to come in. there was not warrant issue. they went though the house 2 things to smoke out of were found and taken. they threat to arrest us. even though they were not able to be in the house. what should be done in this case of cops went bad
    On 10/15/03
    Phï£ö ùs from AS said:
    The police have no right to barge into yur home without probable cause or somthing obviously bad happening. for instance like gunshot,very loud screaming, bashing sounds, and sounds of brawling. besides these sounds or seeing things happening police should leave the private citizen's alone. This is phï£ö ùs's wisdom. '-_-'
    On 07/20/03
    Chris from CA said:
    Depending on where you are, Teachers and school personal might be what is known as mandatory reporters. Meaning if you tell them (as a child) that abuse or neglect is occuring in your home, that they are required to report it to the police or child protection agency. As for entering a residence w/o a warrant, they may do so if they believe that lives or evidence are in danger, then should they recover anything, must prove in court that they had probable cause to make entry (ie. I saw a large amount of blood on the door, and I heard someone yelling).
    On 07/22/02
    Miguel from CA said:
    Well if you or a parent complain to a school or any kind of office building. Especially, if you yell, cops will come to your home and they will not state that they have a warrant. They will just come in like the door was wide open, when it is actually locked. This happened to my family so I think asking for a warrant doesn't help.
    1 thru 5 of 5 comments    [ 1 ]   



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