QUESTION

Can police enter a private property?

Asked on Oct 29th, 2013 on Litigation - Louisiana
More details to this question:
Where can I find the ordinance or law that states police cannot enter private property?
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4 ANSWERS

Michael J. Breczinski
They can enter private property under certain circumstances. These include sudden emergency, a warrant, invitation and hot pursuit.
Answered on Nov 01st, 2013 at 9:03 AM

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Depends on why they are there. To snoop around without any probable cause, nope. To walk onto property and ask to speak to you, yes. You are free to say no and request they leave. To enter a home or outbuilding with a search warrant, yes. To enter a home or outbuilding with an arrest warrant, yes.
Answered on Nov 01st, 2013 at 3:26 AM

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Adoptions Attorney serving Lansing, MI at Austin Legal Services, PLC
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You won't find it in a local ordnance but instead in the Constitution. More precise, case law interpretation of the Constitution and more specifically, the Fourth Amendment. Police cannot enter private property unless they have a warrant signed by a judge, consent or permission of the owner, or an emergency circumstance exists that negates the usual warrant requirements.
Answered on Nov 01st, 2013 at 3:07 AM

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The 4th Amendment to the US Constitution gives all of us the right to be secure in our persons, houses and effects from unreasonable searches or seizures by police without a warrant. So under normal circumstances the police cannot enter private property without a warrant. Remember the operative word in the 4th is "unreasonable" searches so there are exceptions to the warrant requirement.
Answered on Nov 01st, 2013 at 2:39 AM

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