Are police officers allowed to perform apartment search without holding warrant?
Share
Sign Up to our social questions and Answers Engine to ask questions, answer people's questions, and connect with other people.
Lost your password? Please enter your email address. You will receive a link and will create a new password via email.
Please briefly explain why you feel this question should be reported.
Please briefly explain why you feel this answer should be reported.
Please briefly explain why you feel this user should be reported.
Are police officers allowed to perform apartment search without holding warrant?
The only reason they could do that legally would be if they had reason to believe a crime was being committed— for instance they hear someone screaming for help from inside the house. Or while they are standing in your doorway talking to you, over your shoulder they see that you have a meth lab set up in your house. In other words, probable cause. That is the only remaining reason, other than permission and with a warrant, that they may legally enter your house.
From my understanding, police may stop and search a person if they have what is called reasonable suspicion. The officer may then have to prove the grounds of his submission later in court. Also, from my understanding, you can in this case refuse to allow an officer to search your vehicle without a warrant, in which case you cannot leave and the officer would communicate the situation with his superior and work from there. I’m also sure that there is a procedure for expediting the request for a search warrant if it is time sensitive.