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CycleThoughts
Researcher


Registered: 08/03/09
Posts: 1,866
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911 Call - Consent to Search?
#13155475 - 09/06/10 02:46 PM (13 years, 8 months ago) |
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Does a 911 call give police the right to enter your house?
If you don't answer the door? If you DO answer the door?
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Doc_T
Random Dude




Registered: 03/06/09
Posts: 42,395
Loc: Colorado
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If you don't answer, they are coming in. You'd want them to. If you do, I don't think they have to come in if you tell a good story.
-------------------- You make it all possible. Doesn't it feel good?
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kudos
New kid on the block



Registered: 09/04/10
Posts: 28
Loc: Babylon, WA
Last seen: 13 years, 6 months
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Im pretty sure they can only enter if you or someone in the home is in a life threatening position. Even then i believe they knock first. But as far as consent to search no way in hell they can go through your personal possessions with out a search and seize warrant
-------------------- Stupid questions are better than stupid mistakes.
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ninja cat 09
A paranoid android



Registered: 10/11/09
Posts: 4,170
Loc: Mexico
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Re: 911 Call - Consent to Search? [Re: Doc_T]
#13155537 - 09/06/10 03:03 PM (13 years, 8 months ago) |
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Quote:
Doc_T said: If you don't answer, they are coming in. You'd want them to. If you do, I don't think they have to come in if you tell a good story.
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Doc_T
Random Dude




Registered: 03/06/09
Posts: 42,395
Loc: Colorado
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Re: 911 Call - Consent to Search? [Re: ninja cat 09]
#13155553 - 09/06/10 03:07 PM (13 years, 8 months ago) |
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Quote:
Im pretty sure they can only enter if you or someone in the home is in a life threatening position.
Yes, this is true. But if you call 911 then don't answer the door, it's plausible to assume you are in such a position.
A police department would be sued down to their underwear if somebody was dying in a house that they went to on a 911 call and then didn't enter because the door wasn't answered.
-------------------- You make it all possible. Doesn't it feel good?
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johnm214



Registered: 05/31/07
Posts: 17,582
Loc: Americas
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Quote:
CycleThoughts said: Does a 911 call give police the right to enter your house?
If you don't answer the door? If you DO answer the door?
Your question is to vague to have a meaningful answer or any practical import, however; he answer is not, there is no per se rule granting police the power to enter your home due to the existance of a 911 call of any particular type.
Additionally, I think what you should be more concerned with is whether a) they will enter it, and b) whether you can surpress the evidence
Look in the FAQ stickied in this forum for information on public safety and other exceptions the general ban on warantless entry to homes.
Additionally, I suspect you may be confused as you mention consent where this isn't really a relevant issue in most cases of this type.
Consent is easy- did the person freely waive their rights and did they have such rights?
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