Search warrant?
Former police officer/current attorney... Don't listen to these ignorant people...except viperroadster...he made the most sense. Usually a warrant is required to enter a private residence. However, there are exceptions...these are called "Exigent circumstances" and can range from an emergency to stopping the destruction of evidence. There are numerous exigent circumstances. "Probable cause" is required to enter the residence. The police usually must go before a Judge and obtain a search warrant based upon Probale Cause. However, if they have Exigent Circumstances they can enter without a warrant. The police can also come to your door, and ask for permission to enter and search. You may say no, and they should leave. You may also say yes, and let them search. However, you may limit their search, or cancel your consent at anytime. As far as the "Bush did away with the Search Warrant requirement" argument...read the actual case...don't believe your friends or the liberal press...it amazes me that people post answers yet have no idea what they are talking about...idiots... http://caselaw.lp.findlaw.com/cgi-bin/ge...
Can a cop search me without a warrant?
This is a thin line often crossed by police officers if you don't know your rights. To answer your question, yes and no. It depends on the situation... Case law provides that an officer MAY conduct a thourough search if he/she has REASONABLE suspicion that a criminal act is taking place in their presence or will undoubtedly take place or if someone is in imminent danger of bodily harm. Also, an officer may decide that he wants to pat you down for his safety and the safety of others before interviewing you. The catch: Since his purpose is to find weapons, the only way he may actually remove something from your pockets, backpack etc. is if he feels something that "according to his training and experience indicated the presence of a weapon." Alot of times what happens is, in conducting the pat down, the cop will find what feels like a bag of weed and he'll remove it. If it is weed, he might tell you he will arrest you unless you provide information, or he might say he is holding it as evidence, etc. In reality, because the cop had no reasonable suspicion that you were committing a drug crime that involved a bag of weed, he just performed an illegal search and seizure and the evidence would be inadmissible in court. So you can really tell him to shove it at that point. Most though will take the bag and issue you a warning. If the cop asked if he could search you and you said "yes" then he has the right to search you and your belongings. You also have the right to stop the search at any time. IN YOUR CASE: This all fits together in the example that if an armed robbery occured a few blocks over with the suspect fitting your description, then the cop can honestly testify that he had reasonable suspicion that you were breaking the law. (A 16 year old with a weapon, just robbed a place, etc.) Also, is there a curfew in place for minors in your city? If there is, the cop can also (this is stretching it, but it happens) claim reasonable suspicion because you already were violating curfew.
Can a police officer search you and your belongings without reason?
An officer cannot search your person or belongings unless probable cause exists. I know that there are two sides to every story but if the incident occurred exactly the way you said it did and you did not give the officer permission to do the search then your protection (guaranteed by the 4th Amendment of the United States Constitution) against unreasonable search and seizure was violated and you have legal recourse. Contraband obtained in that manner is called "fruit of the poison tree" and the marijuana found in your backpack can be thrown out as evidence. I recommend that you get a lawyer and challenge the case against you. I am a police officer but really hate it when other officers make dumb mistakes like that, it makes the rest of us look bad.
If the government gives police a search warrant to search your house do they have right to look in ur diary??
If the scope of the search warrant included written records, papers, etc. then the Police may read your diary. If the scope of the search warrant included anything that could be hidden among your personal belongings then they may also search those. For example, if the Police have a search warrant for a stolen piano and that is the only evidence listed then they may not search your underwear drawer because the piano would not fit in there. If they are searching for a stolen ring then they may look through your drawers because the ring could conceivably be in there. A search warrant allows the Police to invade your privacy in order to search for evidence of a crime. So if there is a search warrant issued you basically do not have a right to privacy in that area at the time of service. Good question.
When does a police officer not need a search warrant to go onto or search private property?
When does a police officer not need a search warrant to go onto or search private property?Consent- If the person appears in good faith to have the authority to grant permission to enter the property the officer desires to search. i.e., A roommate can consent to entry/search of common areas shared with other roommates BUT not private areas of other roommates.Exigency/emergency- Burning house or screams for help or apparent distress. Imminent danger to life or property.Hot pursuit of dangerous suspect- Just like it sounds. An armed gunman is likely to be pursued by police and any dwelling he runs into in an attempt to evade is going to excuse in most instances the warrant requirement.Abandonment- If suspect throws away suspected contraband upon the officer’s approach the officer is well advised and permitted to examine whatever has been dropped or thrown away.Plain view- If an officer is making an observation from a point where he/she is entitled to be and sees something associated with criminal activty without the use of extraordinary means, it fair game for him to take note and derive reasonable conclusions there from. i.e., seeing open alcohol container in car occupied by underage youths will permit a search of said vehicle.Waiver- the person or location subject to search is occupied or controlled by a person who is on parole or probation WITH a search condition waiver as a condition of that status. But only as to those areas he has access/control to.Pat down for officer safety- If in the course of a police contact, the officer makes observations (subjective interpretation of objective facts) which in his professional training cause him to believe it is necessary to pat down a subject for his safety or the safety of others to check for potential weapons he/she may conduct a cursory patdown.
Can a park ranger search you stuff without asking?
In order for any officer to search he must have probable cause or permission or he could do a quick search that just keeps him safe during an interview with a subject (quick pat down of outer clothing). Without any of these he is overstepping his boundaries and his authority. If he is a game warden then he still needs probable cause; just not as much. A game warden can search with either probable cause or a good hunch. A search warrant also gives the officer permission to search, but that would not be granted without probable cause. If a drug-dog were to indicate the possibility of drugs then that would give an officer probable cause as well. If an officer performed an unlawful stop and then began a search that produced evidence of a crime then that evidence would be inadmissible. I hope this helps. Good luck.