QUESTION

Can the police enter your backyard without a warrant to look for a child in that area or the area around it?

Asked on Jun 28th, 2014 on Criminal Law - Utah
More details to this question:
Can officers enter property without a warrant and knocking on the door or at least trying to notify the homeowner before entering the back yard?
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1 ANSWER

Immigration Attorney serving Salt Lake City, UT
Partner at Natty Shafer Law
1 Award
A Salt Lake City police officer did that recently and there is some debate about whether it was proper. The police department is arguing that this was an example of "exigent circumstances" and they did what was necessary to recover the child. Others, such as myself, would argue that the police had no probable cause to believe the child was in that particular house or yard. Ultimately, this is an issue that courts will need to clarify.
Answered on Jun 30th, 2014 at 11:48 AM

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