Q. What happens if a cop tries to search my house/car and I ask them not to, referring to my fourth amendment, and they ignore me and enter and search anyways?
Can I be found guilty if they find anything illegal inside?
Also can a cop search my body without my permission like a pat down, or ask me to turn out my pockets or backpack?
And would any of this be different for a minor?
Thanks!
Can I be found guilty if they find anything illegal inside?
Also can a cop search my body without my permission like a pat down, or ask me to turn out my pockets or backpack?
And would any of this be different for a minor?
Thanks!
A. A police officer can pat anyone down to check for weapons. This is to help ensure officer safety.
If an officer wants to search further, like into your car or your home, they need one of three things:
1. A valid search warrant,
2. Permission from an occupant,
3. Evidence of an exigent need. This can include screams, a blood puddle visible from outside the house, the smell of smoke such that a reasonable person would conclude the structure is on fire, etc.
Also, when a person is arrested, police are allowed to search the area under the immediate control of that person. This is commonly held to allow a search of the room, and any container in the room that can be opened without force or key.
In the event of an illegal search, your attorney can ask that all evidence obtained as a result be excluded.
If an officer wants to search further, like into your car or your home, they need one of three things:
1. A valid search warrant,
2. Permission from an occupant,
3. Evidence of an exigent need. This can include screams, a blood puddle visible from outside the house, the smell of smoke such that a reasonable person would conclude the structure is on fire, etc.
Also, when a person is arrested, police are allowed to search the area under the immediate control of that person. This is commonly held to allow a search of the room, and any container in the room that can be opened without force or key.
In the event of an illegal search, your attorney can ask that all evidence obtained as a result be excluded.
Can police search your house with a search warrant for no good reason?
Q. two days ago two policemen came to my house and told my parents they searching the house, when my parents ask why they said that they checking everybody house in the town. My town is big and they barely check the whole house.
A. If this was in the United States, a warrant requires probable cause, so there should never be an incident when there is no good reason.
Without a search warrant, they need probable cause and exigent circumstance.
They can not just search every house in town.
Without a search warrant, they need probable cause and exigent circumstance.
They can not just search every house in town.
Would Crimestoppers search a house or car if tipped off about one?
Q. Let's say I know a house that is for sure a "Trap house". A trap house is a place where they sell drugs, the main purpose is drugs. If i were to let crimestoppers know about a certain car or house that contains drugs users and sellers would they search the house or do they need more evidence then that?
What about in the case of a car?
Would multiple tips be considered more evidence?
What about in the case of a car?
Would multiple tips be considered more evidence?
A. In both instances, more evidence is required, because authorities would have to obtain a search warrant for the house, and possibly for the car as well.
If you work for the government, are they allowed to search your house without a warrant?
Q. So my stepdad works for the government (United Space Alliance), and he said that if the government wants to come search his house for drugs that they can do it whenever they want without a warrant. I'm not sure if thats true because that seems like it would break the 4th amendment, but since he works for the government maybe it is different.
A. Depends on various factors such as security clearance and the reasonableness of the search.
Many high security jobs require that if there is an allegation regarding a person's fitness that they may with probable cause search your home. This however is voluntary.
If you objected then they could fire you and would not be allowed to search without a warrant.
There are times when the warrant exception does not apply but it is usually based upon exigent circumstances.
Many high security jobs require that if there is an allegation regarding a person's fitness that they may with probable cause search your home. This however is voluntary.
If you objected then they could fire you and would not be allowed to search without a warrant.
There are times when the warrant exception does not apply but it is usually based upon exigent circumstances.
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