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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.


    Comments
    6 thru 6 of 6 comments     1  [ 2 ]   
    On 02/28/02
    Jeremy Goodman from NC said:
    The last illustration demonstrates the "hot pursuit" defense. There are other exceptions to entering without a warrent. My Criminal Justice teacher puts them this way H-Hot Pursuit O-Officer or others in Danger D-Destruction of evidence I-In progress Crime A-Already know that you are the police C-Consent
    6 thru 6 of 6 comments     1  [ 2 ]   



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