can any law enforcement agency enter home without a warrant?
915639
The USA PATRIOT Act warrants aside, which are readily granted ex parte -- law enforcement agency can only enter a home without a warrant under special circumstances (hot pursuit, danger of fire, etc.). There is a principle of "exigent circumstances" discussed in this article: http://www.findarticles.com/p/articles/mi_m2194/is_n9_v65/ai_18826919/pg_1  And US Customs may have greater rights than other police agencies, although a quick search just now has not clarified that point for me. The cases below might help on that:\n\nHere's a recent case concerning Customs entry of a ship, U.S. v. Villamonte-Marquez http://supreme.justia.com/us/462/579/case.html and one of a car, U.S. v. Martinez-Fuerte http://supreme.justia.com/us/428/543/case.html (Border Patrol; discusses warrantless arrests by ordinary police -- for example on the front porch of a house)\n\nPROBATION OFFICERS are a special case. Here's a memo (in MS Word *.doc format) on that: http://www.dps.state.ak.us/apsc/bulletins/legalmanual/NPROBATIONOFFICERSANDPRIVATEPERSONSEARCHES.doc\n\nADDENDUM: I would not take too seriously unsupported statements by others regarding legislation supposedly signed by President Clinton in derogation of Constitutional rights. In fact, the validity of parts of the USA PATRIOT that purport to do away with Constitutional rights (habeas corpus, etc.) in certain cases have yet to be tested in the US Supreme Court.
27019
Except in rare circumstances, the authorities must go before a judge to obtain a legal warrant before they can do this.  Even in situations where they can do this without a warrant (this possibility is currently being debated and may make it to the United States Supreme Court) they must go through a very lengthy, detail, multiple step process to do so.\n\nUnless you are telephoning (or receiving calls from) known terrorist group members outside the U.S. I wouldn’t worry about it.
116390
In most states, it would be sufficient to try and open a door or window, but fail (i.e. jiggle a locked door handle), with the intent to commit a felony (theft, etc.) inside.\n\nJust walking in (without felonious intent) is trespass.
183981
Not unless your local police department does not charge.\nAny and everyone that I know of requires a fee.
557056
NO, The State of Illinois cannot search your home without a warrant or probale cause. If they do you can probaly sue.
1102226
That's not something just anybody can do. Police and government agents can do it. But even then I think they need a warrant.
396651
There has to be probably cause to raid the house.  If an officer observes and illegal act through a window he can enter without a warrant.  If he only suspects illegal activity but has no patent proof he cannot enter the residence.\n\nOhio recently had a case that changed our law.  Under old rules if there were multiple leasees and one agreed to a search it was okay to search.  Now everyone must agree to the search, if one says no then the search is illegal.
1080171
Yes, they sure can.  The Police may arrest you with a complaint and then decide to drop the charges, often for lack of evidence.\n\nThere is no legal issue there.  However, consult with an attorney about the evidence issue.  Without probable cause the search should be invalid, therefore, the evidence would not be admissable.  No evidence surely would make the charge go away.  Good luck!
136714
It depends upon the situation. I do know that 60% of all cases brought to social services investigations are unfounded and therefore did not need to be investigated.  While there are sometimes cases where children need to be taken away, social services must follow the law.  They are not excluded from following due process.  \n\nFor parents who are unsure of thier legal rights here is some basic information that you need to know.  You do not have to let a social worker into your home without a warrant and the court can not issue a warrant unless there is evidence that the child is in emminant danger.\n\nYou should never allow a social worker to enter your home without a warrant.  If you do they need only "probable cause" to take your child.  Some of the things that social workers have noted as probable cause in actual cases are: Dirty dishes in the sink, reports of spanking, rule against watching television after 7pm, homeschooling (legally), messy bedrooms, very little food in the house (even when the parent is planning to go grocery shopping that day).
1171848
Call the local PD, Sheriff's Office or state police post and ask them if you have any.  Sheriff's usually serve warrants where I am, so start there.  Then ask them if you can take care of it by turning yourself in or if you can just show up to court on the next court day to resolve it.  Then stop breaking the law.
264150
Yes, with warrants.  But if you are suspected of terrorist ties, they might monitor you without a warrant.
140573
If they saw evidence of a crime being committed in your home when they came the first time it can be considered "probable cause".  \n\nIf they only suspected something they would have had to get a warrant which they could theoretically do in 5 minutes.
1132246
it depends on who's doing it.  If its part of a legal investigation and the agency doing the investigation has a legal warrant then all they have to do is call the phone company and have a tap put on but otherwise someone would physically have to put a listening device on your line
1020163
You can call the police department and ask them to check for warrants.  depending where you are living now and what the warrants are for they may or may not extradite for them
745397
She screwed up by allowing the search.\nAny time a policeman enters your home anything laying out in the open is subject to seizure and you are subject to arrest for it.\n\nUnder no circumstance do you ever allow a policeman to walk into your residence without a search warrant.The warrant will state exactly what the law is looking for,then they can not touch anything except what is listed in the warrant.If they do see something illegal,they can go and get another warrant and come back.\n\nBut never,ever let a cop in your house unless of course it's an emergency.
371588
As an ex cop I can assure that they can in certain cases. Most officers search you to check for weapons and if they find drugs in the process, then it's a valid charge. There are some places where they have to have your consent to search, like your home but if it's your vehicle and you're arrested they have to inventory the car so that is a valid search. If they have probable cause like seeing marijuana or something in plain view, then you can be arrested. If they stop you and want to look in your trunk, unless there exigent circumstances, like they think theres a person you're holding captive in there or an animal, then they can search without a warrant. A pat-down search is legal for officer safety reasons. To search things like your bags or glove compartment they need your consent again, unless you've been arrested. If they have reason to believe that you are going to reach for a weapon they can search the immediate area. Best thing to do is not to carry illegal things my friend. Cops are savvy and we take no chances. If you break the law, you deserve to go down but I do believe in protecting peoples civil rights as well. I always protected my prisoner's rights because I may to make a judgement due to the situation and what has to be done, but I am not judge, jury and executioner and most police officers try to keep this in mind. Even if I didn't like a person I'd dealt with before, I was still fair and respectful unless they gave me a reason to get tough with them. Good luck.
913429
Go up to the nearest police officer and ask him to check. Turning yourself in if you have a warrant is easier on you then letting them come find you anyway.