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 Microcosmatrix
Spiral staircasetechnician
Registered: 10/20/05
Posts: 11,293
Loc: Ythan's house
Last seen: 1 year, 7 months
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 Re: What would it take for a cop to get a search warrent? [Re: Prisoner#1]
#5755095 - 06/15/06 08:17 PM (2 years, 2 months ago) |
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I'm pretty sure that if you voluntarally let them in, you still retain the rights to ask them to leave at any time, and that they must comply if they do not have any probable cause at that point, (nothing was in plain sight, no MJ smell, etc. etc.), or a warrant.
They could start kicking in interior doors only if there were a valid reason, (otherwise known as probable cause).
Yes, I'm fairly sure that, once "cordially" invited into your home, the police cannot then just up and decide to go kick in your bedroom door to "make sure it's safe".  I'm not a law expert, but I'm sure it's pretty safe to assume that they need a warrant or probable cause to act in a disorderly way when invited into a home like a guest.
However, in practice, I do always step outside to talk to the police.
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deadheadjpc2000
Blade
Registered: 02/27/06
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Re: What would it take for a cop to get a search warrent? [Re: Microcosmatrix]
#5755116 - 06/15/06 08:22 PM (2 years, 2 months ago) |
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No Warrant= No entry.
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Microcosmatrix
Spiral staircasetechnician
Registered: 10/20/05
Posts: 11,293
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Re: What would it take for a cop to get a search warrent? [Re: deadheadjpc2000]
#5755127 - 06/15/06 08:26 PM (2 years, 2 months ago) |
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Yes. That's the thing, of course.
But say you invite them in...
If, once inside, they do not observe any probable cause or "plain sight rule" items etc. etc. I assert that they would then have to behave like perfect gentlemen, go only to the parts of the residence that you allow, and otherwise handle themselves as would any invited guest, including leaving immediately upon request.
And I'm talking U.S. law here.
It's so easy to forget peeps from other countries are on here. 
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 Prisoner#1
Even Dumber ThanAdvertized!
Registered: 01/22/03
Posts: 89,184
Loc: S.F.I.G.E.L.
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Re: What would it take for a cop to get a search warrent? [Re: Microcosmatrix]
#5756004 - 06/16/06 01:21 AM (2 years, 2 months ago) |
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Quote:
Microcosmatrix said:
Yes, I'm fairly sure that, once "cordially" invited into your home, the police cannot then just up and decide to go kick in your bedroom door to "make sure it's safe". I'm not a law expert, but I'm sure it's pretty safe to assume that they need a warrant or probable cause to act in a disorderly way when invited into a home like a guest.
first thing you need to look at, why are the cops at your home?
if you called them, they arent as concerned with their 'safety', if a neighbor
calls regarding a noise complaint or in the service of an arrest warrant, both
are reasons for a cop to question 'safety' issues, they do in fact have the
right/responsibility to make sure that someone is not going to come out of the
back rooms and open fire on them, the term is called 'protective sweep', it's
a quick and limited search of the premises to ensure the safety of the officers
http://www.interesting-people.org/archives/interesting-people/200407/msg00259.html
you'll be suprised at what powers cops have due to 'articulable suspicion'
"I heard a noise in a room in back and the home owner wouldnt allow me access"
Quote:
3. A protective sweep is a "cursory inspection," not a "full search." Thus
it is limited to the kind of search necessary to determine whether a person
is hiding someplace. Since a closet is usually big enough to hide a person,
police doing a protective sweep may open the closets. But they may not open
desk drawers, cardboard boxes, file cabinets, etc.
4. The protective sweep is limited to the time it takes to dispel the fear.
Once they know they're not going to be ambushed, the police must stop the
protective sweep.
5. The protective sweep is limited to the time police are justified in
remaining on the premises. Although they may use the sweep to ensure the
safety of their departure once they realize they must depart, they must
still depart promptly once their reasons for being legitimately in the home
expire.
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"Dr. Niglet, our buttsecks last night was lovely please call me when you read this"
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Prisoner#1
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Registered: 01/22/03
Posts: 89,184
Loc: S.F.I.G.E.L.
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Re: What would it take for a cop to get a search warrent? [Re: Microcosmatrix]
#5756007 - 06/16/06 01:25 AM (2 years, 2 months ago) |
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Quote:
Microcosmatrix said:
But say you invite them in...
did you call them up or were they just stopping by for a cup of tea?
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"Dr. Niglet, our buttsecks last night was lovely please call me when you read this"
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Microcosmatrix
Spiral staircasetechnician
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Posts: 11,293
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Re: What would it take for a cop to get a search warrent? [Re: Prisoner#1]
#5756715 - 06/16/06 09:47 AM (2 years, 2 months ago) |
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Thank you for that complete explanation. Indeed, that "protective sweep" deal is bad for closet cultivators then.
The "no warrant = no entry" policy is certainly proven to be the only one to follow.
No I don't socialize with pigs, except maybe on internet forums unknowingly.
But uh, in my example I was thinking like in a situation where they're investigating something else in the neighborhood like someone slashing tires or something. It would seem to me kind of suspicious to tell the cops they can't come in to talk about vandalism in the 'hood.
How would you turn them away in such a seemingly harmless situation without seeming suspicious?
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deadheadjpc2000
Blade
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Re: What would it take for a cop to get a search warrent? [Re: Microcosmatrix]
#5756764 - 06/16/06 10:09 AM (2 years, 2 months ago) |
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You go outside to talk to them!! Nothing suspicious about that.
And if they ask to come in, tell them politely that you are cooperating, but no warrant=no entry.
i have found that in most cases, if you are polite, act like an adult, and know your rights, cops usually won't hassle you in your front yard.
Peace
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Prisoner#1
Even Dumber ThanAdvertized!
Registered: 01/22/03
Posts: 89,184
Loc: S.F.I.G.E.L.
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Re: What would it take for a cop to get a search warrent? [Re: Microcosmatrix]
#5757606 - 06/16/06 02:38 PM (2 years, 2 months ago) |
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Quote:
Microcosmatrix said:
How would you turn them away in such a seemingly harmless situation without seeming suspicious?
as you mentioned before, simply step outside, close the door behind you and
discuss what they have come to your home for, when their business is finished
then wait for them to leave. if they're there on an arrest warrant, it's a
completely different situation, at that point they have the right to enter to
search for the person, again they are allowed to check any place a person can hide
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"Dr. Niglet, our buttsecks last night was lovely please call me when you read this"
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Microcosmatrix
Spiral staircasetechnician
Registered: 10/20/05
Posts: 11,293
Loc: Ythan's house
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Re: What would it take for a cop to get a search warrent? [Re: Prisoner#1]
#5767743 - 06/19/06 11:49 AM (2 years, 2 months ago) |
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O.K. And what would happen if they came on an arrest warrant and no-one opened the door? Would they have to know for a fact that the person was inside in order to kick in the door?
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Prisoner#1
Even Dumber ThanAdvertized!
Registered: 01/22/03
Posts: 89,184
Loc: S.F.I.G.E.L.
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Re: What would it take for a cop to get a search warrent? [Re: Microcosmatrix]
#5769978 - 06/19/06 09:43 PM (2 years, 2 months ago) |
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if there were no lights and noise, they'd leave, if they hear noise they'll keep
doing what they can to get you to the door, they'll probably wait down the road
for you to leave unless they have other shit. but they will keep returning
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"Dr. Niglet, our buttsecks last night was lovely please call me when you read this"
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Tri High
Stranger
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Re: What would it take for a cop to get a search warrent? [Re: Prisoner#1]
#8535274 - 06/17/08 09:21 PM (2 months, 2 days ago) |
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To get a search warrant, an officer would need to file an affidavit of probable cause to the local prosecuting attorney or judge, who then would issue a search warrant.
Other things that could result in them searching your house, without a warrant, would be exigent circumstances, an exception to the warrant rule (in MO at least there are 10, ,if not more), or consent.
From what I know, that's about the only way cops can search, without a warrant, and that's how a warrant is issued.
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Seuss
Error: divide byzero
Registered: 04/27/01
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Re: What would it take for a cop to get a search warrent? [Re: Tri High]
#8536504 - 06/18/08 08:54 AM (2 months, 2 days ago) |
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> From what I know, that's about the only way cops can search
... only way cops can legally search ...
> without a warrant, would be exigent circumstances
Such as a suspect they are chasing runs into your home... or they hear gunshots coming from inside your home, etc...
> an officer would need to file an affidavit of probable cause
And the requirement for probable cause varies from jurisdiction to jurisdiction and sometimes from judge to judge.
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Just another spore in the wind.
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