VOL. XV, NO. 3
NOVEMBER 9, 1973
Legal News
Q. Do police have the right to enter a house where a private party is going on, even though they do not have a search warrant?
Bremen H.S.
A. In most cases, police need a search warrant before they can enter private property. But there are several exceptions to the general rule. For example, if a police officer has reason to believe that a crime is being committed, and he knows that he won't have time to get a search warrant, he can enter without one. Or, if a cop is pursuing a criminal or someone he thinks is a criminal and the quarry enters a home, the cop can follow.
Bremen H.S.
A. In most cases, police need a search warrant before they can enter private property. But there are several exceptions to the general rule. For example, if a police officer has reason to believe that a crime is being committed, and he knows that he won't have time to get a search warrant, he can enter without one. Or, if a cop is pursuing a criminal or someone he thinks is a criminal and the quarry enters a home, the cop can follow.
Finally, if a cop arrests someone in his home, he can make a reasonable search of the person's immediate area, but may not conduct a full search of the dwelling. In all other situations, the police must get a search warrant.
In the case of a private party, then, the police may enter if: 1) they have a search warrant, 2) they are pursuing someone who just arrived at the party, 3) they want to arrest someone at the party, 4) they have reason to believe that a crime is being committed inside.
In the case of a private party, then, the police may enter if: 1) they have a search warrant, 2) they are pursuing someone who just arrived at the party, 3) they want to arrest someone at the party, 4) they have reason to believe that a crime is being committed inside.