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    Speak Up! - View Question #558

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    Question: If you refuse to let a police officer in your home, can he force his way in?

    Answer: With some exceptions, no, the officer cannot force his way into your home. The Fourth Amendment to the United States Constitution provides: The right of people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. This section of the Constitution provides that you are secure in your home unless the police obtain a search warrant from a court, where the police will have to show that they have 'probable cause' to search your house. If the police come to your home with a search warrant, then they can force their way into your house. Courts have also approved entering a home without a warrant where they have a reasonable belief that some evidence will be immediately destroyed unless they enter or someone will be in danger. This might happen where the police saw a bank robber drive from the bank he robbed to his house. Then a court might find that the police were justified in forcing their way into the house without a warrant.

    1 thru 5 of 6 comments    [ 1 ]  2    
    On 05/28/09
    gabjc from NJ said:
    can i move out to live with my 16 year old boyfriend without my parents having anything to do with it?
    On 07/07/08
    from AL said:
    no not unless he have a warren it says it in the amendments of the constitution of rights
    On 03/29/04
    Dave from AZ said:
    Police can't create probably cause to enter your home; the explanation states that officers can obtain a search warrant based on probable cause. A judge decides this, not the police. This takes a lot of time, so believe me the police aren't gonna just make up an excuse to get into your house because they're having a bad day. You say we're bad because we enter your home to protect, but we "violate your rights." But if we don't enter when there is danger and somebody gets hurt, we're also the bad guys because we "failed to protect." Either way people might view us as "bad." Oh well.
    On 05/05/03
    Brad from IN said:
    I would have to say never net a cop in your house intill you see awarrent. But like he said what happens if the cop just is ticked off that day and barges his way in? also what if it is un locked and he\she invites its self in?
    On 05/24/02
    Josh from IN said:
    What and who would really be the ideal person to define and further more act on probable cause as a reason to force their way into your hosue or otherwise. It would seem to me that if a police officer just had a bad taste in his mouth against the person/s in the house the could somewhat create a probable casue to force their way in. And who in reality could fight that or prove anything otherwise? After all it would be that persons word against the officers word and we all know how that one really goes.
    1 thru 5 of 6 comments    [ 1 ]  2    

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