The cops search our home and had no search or arrests warrants. Isn't that illegal?

They need a warrant for Pete's sake. And they need probable cause to obtain the warrant. Can you give more details please? Did someone call 911 or something? They still can't search. What gives? Something is wrong. Was it a "No knock"? And just to be sure, were they in uniform? If they weren't, I don't mean to insult your intelligence at all but they were cops right?

Hello Amanda:

I MIGHT be illegal. Did they take any evidence?? Did they charge anybody with anything??

excon

Depends how did they come in, did they break the door down

Or did they knock and ask to come in and search and someone said, yes come on in.

They do not need a warrant if
1. they ask and are let in
2. they hear a crime in progress but may only search for safety to secure crime scene
3. They have a warrant just signed by a judge but do not have it with them.
( legal in most places a few exceptions)
4. you are on probation or parole and the PO gives them permission to search for them
5. or they have an arrest warrant and they do a minor search to secure property to make the arrest
6. they are called to the scene for a crime in process and they need to look inside to be sure it is safe.

The OP says there were no arrest warrants either. Sure the cops can go in if they're invited. They still can't search. But we already know they made it in? Or maybe it's not safe to assume since OP doesn't say. He doesn't mention that a crime was taking place. And yes the police can go inside in that case if there were but they can't just start searching for drugs if there's no probable cause. If someone is shot or there is proof that shots were fired, it's obvious they are going to look for guns in that case, especially the weapon used to shoot. Basically, they need a warrant to come in and search. I agree with FR_Chuck with #3 for sure. Say an undercover agent gathers enough ammunition in a covert op and is then able to get that warrant from the judge. This is what gets them in and in this case probably for a drug or guns search. I'm curious as to why the police didn't tell the OP that his PO gave them authorization unless his PO had nothing to do with it. From what he says, it takes you right to the point. They need a warrant in your case Amanda. But are you not telling something? Leaving anything out? Not spilling all the beans maybe? I hope all works out well eiher way. :)

No, if invited in, and they ask to search, they don't need a warrant, most searches in the US are done every day without a warrant,
They ask, do you mind if we look, and the person either says nothing or says yes and they search. Completely legal.

No, if invited in, and they ask to search, they don't need a warrant, most searches in the US are done every day without a warrant,
they ask, do you mind if we look, and the person either says nothing or says yes and they search. completely legal.

I recently posted a new thread asking a question or extending the question about warrants. I should have asked here. Will next time.
Thanks.

No, if invited in, and they ask to search, they don't need a warrant, most searches in the US are done every day without a warrant,
they ask, do you mind if we look, and the person either says nothing or says yes and they search. completely legal.

If the police come to your door and are invited in, can they still search even if you say "no" when or if they ask to search? If you answer "no" to the police yet someone has informed the police that there was crimial activity going on, for ex: selling drugs, can they still search? Is this considered probable cause to search?

Just one more scenario. If the cop(s) smell(s) something/drugs upon the door to the house being opened, is that probable cause enough to go in or no? Even if the people in the house say, "No, you cannot enter my house." And if someone just informs the police or tells them something is going on, isn't that just heresay or no? I thought if they were informed of something, they needed to set up surveillance or have an informant or undercover agent go in and see for themselves (to investigate).
This turned out to be a three prong question. Thanks very much.

Hello t:

Fourth Amendment law dealing with search and seizure issues are spelled out in law books, that, if placed on a shelf side by side, would measure about 9 feet wide.

Therefore, there ISN'T a simple answer to your question. It will depend on the particular circumstances.

excon

Hello t:

Fourth Amendment law dealing with search and seizure issues are spelled out in law books, that, if placed on a shelf side by side, would measure about 9 feet wide.

Therefore, there ISN'T a simple answer to your question. It will depend on the particular circumstances.

excon

Didn't I give specific circumstances or scenarios? No? Alrighty, Excon. Thanks. 9 feet wide huh? Madonne! Ok, thanks again.

Didn't I give specific circumstances or scenarios?
If the police come to your door and are invited in,Hello again, t:

Nope. Not even close. Let's take your first scenario.

Why did the police come to the door? They usually don't do that. Something CAUSED them to be there. What might that be??

Who invited them in? Why? People don't usually invite cops in? Under what circumstances did THAT arise?

So, noooooo. You didn't come CLOSE to explaining the elements of the case.

excon

Oki doke Ex. I was trying to give scenarios in response to what Fr_Chuck wrote. I guess I wasn't clear enough. Thanks again and have a good day/night.