QUESTION
Are the police allowed to enter my home after telling them that they are not allowed go in to arrest a suspect?
Asked on Sep 06th, 2012 on Criminal Law - Georgia
16 ANSWERS
Michael J. Breczinski
That depends on the circumstances such as: what is the person charged with? Did they see them go into the home?? Why do they think the person is there?
Answered on Jun 28th, 2013 at 12:19 AM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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Depends upon the facts of the case.
Answered on Jun 28th, 2013 at 12:18 AM
Criminal Law Attorney serving Oakland, CA
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Law Office of Jared C. Winter
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If they have a warrant.
Answered on Jun 28th, 2013 at 12:09 AM
Criminal Defense Attorney serving McKinleyville, CA
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Law Office M. C. Bruce
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If the police say it is an "exigent circumstance" (meaning, an emergency due to the nature of the crime alleged to have been committed), yes.
Answered on Sep 14th, 2012 at 1:03 PM
Criminal Defense Attorney serving Pittsburgh, PA
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Law Office of Jeffrey L. Pollock
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Not without a warrant unless they are in "hot pursuit."
Answered on Sep 14th, 2012 at 1:00 PM
With a valid arrest warrant, law enforcement can enter a residence to make an arrest.
Answered on Sep 14th, 2012 at 12:59 PM
If the police are in hot pursuit of a person or if they have a warrant for the arrest of a person and have good cause to think that person is in your home they do not need permission to enter and search for the person.
Answered on Sep 14th, 2012 at 12:57 PM
Was the door open? They need a warrant or your permission unless in "hot pursuit."
Answered on Sep 14th, 2012 at 12:56 PM
Wrongful Termination Attorney serving Huntington Beach, CA
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Nelson & Lawless
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There are rules and circumstances under which they can enter. The person they were after might be able to raise illegal search in his defense, depending upon the actual facts.
Answered on Sep 14th, 2012 at 11:30 AM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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If they have a warrant for arrest or if they have seen the person fleeing from a crime.
Answered on Sep 14th, 2012 at 11:28 AM
If they have probable cause that a crime has been committed, and the suspect is inside your home, then they don't need a warrant to go in.
Answered on Sep 14th, 2012 at 11:27 AM
1 Award
No, the police do not have the right to enter your home without your permission and without a warrant. However, there is a question of what will happen to the police if the ignore you wishes. You may file a complaint with their superiors, but the officers in question probably won't suffer in the long term. Your friend might have a slightly better court case.
Answered on Sep 14th, 2012 at 11:26 AM
Depends on the facts involving the incident. There are times when they may enter.
Answered on Sep 14th, 2012 at 11:23 AM
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Ernest Krause Attorney at Law
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The 4th Amendment proscribes unreasonable searches and seizures. The procedure is to get a search warrant. Get all the official information, including police report, to see how they justify entering your home. Do online research. If you want to pursue it complain to the right person in the police dept./DAs office.
Answered on Sep 14th, 2012 at 11:22 AM
Leonard A. Kaanta
Not unless they have a warrant.
Answered on Sep 14th, 2012 at 11:21 AM
Samuel H. Harrison
If they have a warrant, yes. If they don't, no. However, they can leave someone at the place to watch while other officers go to get a warrant. ?
Answered on Sep 14th, 2012 at 11:21 AM