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Can police officers enter your home without permission while on a pursuit of a fugitive?
a cop entered my home claiming that a fugitive entered my home. no one was home and no one entered my house. i said no and they still entered. was that legal. a witness said they entered my home, they didn't actually see the person enter.
11 Answers
- J JLv 41 decade agoFavorite Answer
Yes, it is perfectly legal for a cop to enter your house without permission to pursue a fugitive. It is also perfectly legal for them to do the same if they feel their is a potential danger inside. For instance, in the case of a fire.... they can ram down your door and drag you out kicking and screaming.
Mildly related, it is perfectly legal for you to break down someones door and go in their home if you are being chased by a murderer. It is commonly referred to as the "lesser of two evils" law. If destruction of property will prevent murder it is warranted and deemed legal to do so.
That being said, once the cop is in your home any illegal things are not admissible (or shouldn't be) in court. So if he runs into a meth lab, he has the right to call backup to shut it down..... he would even likely arrest you. However because their is no warrant for the search the evidence will likely be thrown out of court.
Also, he is not allowed to go through your cabinets or drawers during this pursuit..... simply to look for the fugitive. Once he finds none he would have to leave.
- goz1111Lv 71 decade ago
If they in good faith believed that the fugitive they where after enter your home during a hot police chase then they are legal,
if you pursue the matter they would have to explain the situation to see if they can justify a warrants less search
to the above post, if they have a legal right to pursue the fugitive into the house, then anything they see in plain view is up for grab and you can be arrested for anything illegal found during the legal case
- julmeLv 45 years ago
“on this scenario; a Police Officer was once assigned to investigate possible drug recreation at a nearby resident. When he knocked on the door, he started explaining to the character who answered it his considerations, and why he used to be there. Whilst he was once speaking to the man or woman, he commenced to scent a powerful acidic order coming from within the residence; that he believed would be used to manufacture the drug methamphetamine. What should he do?”
- jenadee_01Lv 41 decade ago
If there is a fugitive on the run then yes they can look wherever they need to in order to find them. I would be more than happy for a cop to come into my house if there was a fugitive who escaped! It would make me feel better to know that my house had been checked out and the fool wasn't in there!
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- Anonymous1 decade ago
Exigent Circumstances: A judge may uphold an officer’s warrantless search or seizure if "exigent circumstances" exist. Exigent circumstances were described by one court as "an emergency situation requiring swift action to prevent imminent danger to life or serious damage to property, or to forestall the imminent escape of a suspect or destruction of evidence."
- ?Lv 45 years ago
“in this difficulty; a Police Officer became assigned to look into a danger drug activity at an section resident. at the same time as he knocked on the door, he began explaining to the man who replied it his concerns, and why he became there. at the same time as he became talking to the man, he began to smell an effective acidic order coming from contained in the homestead; that he believed must be used to fabricate the drug methamphetamine. What ought to he do?”
- jackpi21Lv 51 decade ago
They used to require probable cause but since the supreme court has seen fit to remove that requirement they can do just about anything they choose as long as they say it was necessary to do their job! What is their job anyway besides eating donuts? You can thank the republicans for hand picking the supreme justices that make this kind of thing possible!
- DarkskinnyboyLv 61 decade ago
Yes, because it's their duty to capture the fuguitive before it gets worse. Most casese they need a search warrant to get into your home.
- $Sun King$Lv 71 decade ago
Well put it this way. If you don't let them in, you could be charged with aiding and abetting a fugitive and thrown in jail until the judge gets back from his fishing trip. There's a right way and a stupid way to handle every situation.
- Anonymous1 decade ago
yes