The short answer is probably, " yes. " I assume by a "no-contact" order you
mean a restraining order that prohibits a person from contacting another
person either entirely or at certain locations. For example, defendants in
criminal cases are often served with orders preventing them from contacting
victims of the alleged offense. And in domestic violence cases, the
allegededly abusive partner is often prohibited by court order from
contacting the other partner or coming to the residence.
If a person against whom a no contact order has been entered comes to your
home, he is subject to being found in contempt of court and fined or jailed
for having violated the court order. However, unless he acted in concert
with the police who knew he was not allowed to come to your home, his actions
are not those of the government which would trigger your fourth amendment
rights.
Police may apply for and obtain a search warrant when they have probable
cause to believe that evidence of a crime is located in a specific location,
such as a home. If the police were brought to your home initially by your
partner, but you then gave consent for them to come inside, where they viewed
incriminating items and then went to get a search warrant for the residence,
this is probably okay.
On the other hand, if the police came to your home with your partner, and
entered without your permission at a time when your partner had no lawful
right to be on the premises, his consent would not be sufficient to allow
their entry, and then anything they saw could not be used later to support a
search warrant. This is because evidence of illegal activity in plain view of
the officers may be seized or used as the basis for a later search warrant
only if the officer is rightfully in a position to view the items in the
first place.
If you have been charged or are expecting to be charged with a crime as the
result of a search warrant being executed at your home, you should seek legal
advice in your local jurisdiction . A complete answer to your question will
depend on the specific facts of your case.
Answered on Aug 04th, 1999 at 12:00 AM