Police entering your home without permission

[Gelsemium]

Yes, police officers can always claim exigent circumstances like you say and probable cause and many times they can also ask for permission to enter, if you deny it it's because most likely you have something to hide.

 

[shilpa123]

It had never been right for police to get into someone house without any prior knowledge I do not think it is quite great in any way. We see it in movies all the time but it seems so wrong.

 

[Gabe]

Even if you have nothing to hide, you have rights and not to be searched without probable cause or a warrant. Probable cause has to be immediate, for example they hear a scream or a gun shot or someone calling for help. The balance between rights of the people and justice sway either way, but warrants can only be for specific items as many cases have shown. You are free to allow the police in to search, but they don't have to tell you why and you know these days people do plant things to frame others, so you do have to be careful.

 

[dyanmarie25]

As far as I know, I think police officers have a right to enter your house even without your permission as long as they have a warrant. If they couldn't present you a warrant, it means that what they are doing is illegal. That should be reported right away.

 

[lushlala]

This is a very good question and one I've never actually given much thought. I honestly wouldn't know my rights if I ever found myself in this situation. But I have to say, I'd heard of many a story where the police just barge in without asking permission. I guess some situations allow for it, like domestic situations or where it's felt someone's life could be in danger. I think though, if you're under suspicion of committing a crime, then you definitely have every right to demand a warrant.

 

[thomas pendrake]

Some officers have the idea that they are the law and we have to do whatever they say. I would say "big egos", but the fact is that this sort of behavior stems from defective, insecure egos. The right to be secure in our homes is an intrinsic part of out basic rights.
This sounds like many cops hating it when we video-record their actions. Federal and state court rulings are very specific that we have the right to video police actions. But some cops will still order us to stop, then accuse us of not following orders. Sorry, there are restrictions for very good reasons.

 

[Diane Lane]

There's also such a thing as a 'no knock' warrant. It is an actual warrant, issued by a judge, based on sworn testimony from police officers, and it allows the police or agents to enter the home without first announcing their presence, by force, if necessary. This is the type of entry often seen on police shows, and it's used to protect the police, if they suspect announcing their presence would or could cause harm by those inside, or destruction of evidence.

 

[Josie]

Well, according to some people it's time to shoot and kill them. You're all clear if they didn't ask :/

I would never mess with cops.. if they want to search my home, go for it. I'd make sure I recorded every second of it though.

 

[thomas pendrake]

There are frequent cases in which police have a warrant for the house on the next block, read a number wrong, et c. Police also claim make-believe exigent circumstances, hallucinatory probable causes, or just plain mess ups. They need to always be held responsible for damages, lest they just run amok. Our founding fathers knew full well that police will on occasion abuse or misuse their position. Most officers try to behave lawfully and morally, and are dedicated to SERVING and PROTECTING the public. However, some abuse their office, and disgrace their uniform. They make it difficult and even dangerous for the majority of honorable and dedicated officers.

 

[dashboardc33]

I would absolutely not let them in without a warrant. Of course, I have nothing to hide, I still feel like that's an invasion of privacy. The cops have been here before to talk about different topics. They ask to come in and I politely tell them that I feel more comfortable speaking outside. They don't seem suspicious of anything at all and abide by my wishes.

 

[Diane Lane]

I had the police show up here at my house about a year ago. I freaked out when they pulled in the driveway, because I couldn't imagine why they were here. I met them outside, in the walkway, and asked what they wanted. I have no issues with the police, but I figured it would be easier to meet them out there, since I've always got pets trying to get out and strays trying to get in the house when the doors are opened. It turned out that (no surprise to me) someone who used to live here had gone AWOL from military service, and they were looking to see if he was here, or still lived here. They didn't ask to come in and look around, once I told them he was no relation to me, and I've been living here for years, and had never met the family.

 

[mairj23]

I think that if there is some kind of complaint coming from within the home, they have the right to enter. Other than that, I'm really not sure. You might need to ask a professional in that field.

 

[taki]

Well, I'll tell you what. I hope it never happens but if the police ever bust down my door like has happened in some states (Florida...I'm giving you a HARD look!), they would probably get shot. I am armed, I keep one in every room within reach, and I generally am carrying as well. We have a castle law in this state and I'm not afraid to put one in somebodies head if they break in my house. I consider cops breaking down my door....warrant or not....to be breaking and entering.

I know i'm gonna get charged if it happens but I won't be convicted. I do nothing wrong so any warrant would be falsified to begin with and plus its already happened in my state....cop was killed and resident claimed castle doctrine defense and charges were dropped.

End of story.

Actions like this are what starts the process of creating revolutionaries and terrorists...one in the same depending on who you ask.

 

[Diane Lane]

I remember that case. It was a shame he got shot. I feel the same, if someone is coming in, they don't live here, and have no business coming in. I am a law abiding citizen. I think it's important for the police to verify their information, and also the address. Someone familiar with the area should be along, so they will have a better chance of arriving at the correct address. It was a bad situation all around, for everyone. I'm sure the homeowner felt justified, but taking a life is taking a life, and I'm sure it weighs on him, as I know it would on me.

 

[Philosophydaddy]

Well, I'll tell you what. I hope it never happens but if the police ever bust down my door like has happened in some states (Florida...I'm giving you a HARD look!), they would probably get shot. I am armed, I keep one in every room within reach, and I generally am carrying as well. We have a castle law in this state and I'm not afraid to put one in somebodies head if they break in my house. I consider cops breaking down my door....warrant or not....to be breaking and entering.

And this is exactly why police shouldn't conduct no-knock raids. You can set a perimeter, put guys on any potential exits of the building and then knock on the front door. If the suspect runs, you are prepared and they aren't likely to get away. If they are armed and they fight back, they probably had the weapon in close proximity anyway and a no-knock raid wouldn't have done much in the way of surprising them. These are the kind of tactics that Delta Force and other Spec OPs teams use. Police shouldn't use them.

 

[bala]

I think that if there is some kind of complaint coming from within the home, they have the right to enter. Other than that, I'm really not sure. You might need to ask a professional in that field.

They have every right to enter,because under the law,they can interrogate any suspect on basis of their "grounds".
Although they normally need to follow a basic courtesy,but itsn't a requisite,you looked at the osama takedown..?They didn't even have the courtesy to knock.

 

[primalclaws1974]

I had the police show up here at my house about a year ago. I freaked out when they pulled in the driveway, because I couldn't imagine why they were here. I met them outside, in the walkway, and asked what they wanted. I have no issues with the police, but I figured it would be easier to meet them out there, since I've always got pets trying to get out and strays trying to get in the house when the doors are opened. It turned out that (no surprise to me) someone who used to live here had gone AWOL from military service, and they were looking to see if he was here, or still lived here. They didn't ask to come in and look around, once I told them he was no relation to me, and I've been living here for years, and had never met the family.

I have to admit that I am somewhat surprised that they didn't want to go into your home (with or without your permission). When you confirmed this person had lived there at one time, that would probably have been considered probable cause to enter your home. I have a friend who lived on a farm. Another friend had a warrant, and they thought he was hiding out at the farm. Without permission, they searched his farm. I told the farm-owner to file a complaint, and possibly get a lawyer for an illegal search, but he chose not to do that.

 

[Shimus]

I've had multiple occasions where I've just let them come in to satisfy their curiosity I have nothing to hide; so why should I fear the ones who protect me? It always seems to me those who are skeptical about it are the ones who force the issue of them NOT coming inside which just creates more problems.

I always tell them to remove their shoes though. They never do unless told. I guess someone has too! Haha.