Police access to your property

[Guns4Fun]

If police are conducting an investegation---ie looking for a bad guy. Are they allowed to access your property---not inside the home but your yard and sheds etc. without consent from the home owner?

[StealthBeast]

If they have reasonable suspicion, they might be able to get a warrant, in which, yes, they have access to your property whether you like it or not.

If they have immediate suspicions (They see a rape going on in the livingroom lol), they may enter immediatly but will end up having to justify themselves later on.

Otherwise, no, they never have access to your property without your permission. (Fourth amendment)

[knight0334]

If I remember correctly, if they are in pursuit and actually see that BG hide on your property - yeah. But discovery would be limited to grabbing up the BG, with except of your contraband items - they could be seized but charges couldn't be pressed against you on 4A protections.

Thats how it was explained to me during my armed guard classes, BUT that was under FL law.

Gunlawyer and Rule, please feel free to correct me if wrong.

[Elmar]

Originally Posted by StealthBeast

If they have reasonable suspicion, they might be able to get a warrant, in which, yes, they have access to your property whether you like it or not.

If they have immediate suspicions (They see a rape going on in the livingroom lol), they may enter immediatly but will end up having to justify themselves later on.

Otherwise, no, they never have access to your property without your permission. (Fourth amendment)

This.

If the criminal flees into your house (or yard) they can pursue. If they THINK the criminal did they have to get a warrant.

[Guns4Fun]

Thanks---that is what I thought. That they could enter your property if they were in pursuit of a bad guy. I was trying to avoid posting this long post but here is what happened.

Last night, well early today 1:30am, I heard screeching tires going around the corner in front of my house. This is not uncommon on weekends late at night because I live on a very tight turn and the drunks usually have a problem negotiating the turn. We have replaced a few mail boxes and replanted seed in the front yard because of people who “missed” the turn. When I heard the screeching tires and thud I figured another drunk hit the curb, took out the mail box, etc---so, I turned on the flood lights and looked out the window and didn’t see anything out of sorts. Then a cop car came flying around the corner so I assumed the guy made it through the turn but hit the curb and kept going with the cop in pursuit. So, I went back about my business (reading posts on this forum) and didn’t call 911. Well, a few minutes later, I hear loud popping noises---if it wasn’t for the fact that this just took place, I would have assumed it was fireworks, but, I thought it might have been gun shots. So, I look out the window again and there is a huge fire in front of my neighbors house---the popping noise I heard were the tires blowing out from the heat of the fire. So, I figured the guy didn’t make the turn and was down in the trees and the cop in pursuit didn’t see him off the road--I guess that is why he drove by anyhow. But now, there are about 5 cop cars blocking the street. I’m pretty sure that was most, if not all the cops we have for our town. Anyhow, I go outside and one of the officers asks if I know my neighbors phone number because they are banging on their door but no one is answering. The police wanted to get them out of the house incase the fire spread. Anyhow, the cops woke them up and told me to go back inside incase the gas tank blew up. My house was about 100 yards from the fire so I wasn’t too worried about the fire for myself. About 10 minutes later the fire trucks showed up and put the fire out and no houses caught fire---very good thing. About an hour later 2:30-2:45am the cops are knocking on my door asking what I saw. I told them--they took my info--and phone number. Apparently, they guy driving the car got out and ran on foot. They told me not to worry because they would have police presence in the area for some time and that if he was still in the area they’d find him. I felt like saying in my Mr. T voice “I pity the fool who tries to break into my house to hide” but I did not. Well anyhow, I told them (they did not ask) if they wanted to look around my back yard for him they could. I have an acre plus of property and my neighbor lives on an old farm with 15 acres. The cops spent most of the time in the neighbors back 40 looking with their spot lights trying to find the guy. I do not know if they found him or not because I went to bed. So, I was wondering if they had to ask permission to search my property or not---I was thinking not--but wasn‘t sure. It wasn’t a big deal to me--I told them they could without them asking. I hate drunks that drive especially when they leave the scene. Plus, the cop indicated that it was more than just an accident---so, I think they were chasing him for something else too plus the way the cop told me how there would be police presence in the area and not to worry---so, I assumed the bad guy was up to no good and maybe not just a drunk. So, it was kinda an interesting night.

[tdyoung58]

well, I'm sure once they traced the plate they were camped out at his door as well . . . . if it was just a drunk.

[Jup06]

If the police are in hot pursuit, they can drive their cars on your property. If they come back after the incident looking for things, you can say no. A judge will then most likely sign a warrant authorizing a search of your property, but if you the property owner have contraband (weed, whiskey stills), the search would not apply to you (the property owner) becuase the warrant is only good for linking the original suspect and clues related to the crime. I.E. the cops were there to search for clues. They had no PC or RS to suspect YOU of a crime. At least thats the way I understand it.

[Steve in PA]

Originally Posted by Guns4Fun

If police are conducting an investegation---ie looking for a bad guy. Are they allowed to access your property---not inside the home but your yard and sheds etc. without consent from the home owner?

If the police are actively looking for a person, such as someone lurking around houses, someone who fled from a traffic stop, etc............no, they do not need a "search warrant" to check your yard.

If they are looking for a person who they think might be in your house, outside of actually seeing them go inside, yes they would need a warrant.

Even if they have a warrant, what the officer sees in plain view is subject to seizure and possible charges against you. If an officer has a search warrant to a person possibly hiding or being hidden in your house, he can only search those areas where a person (body) is likely to be held. They can't open your kitchen drawers looking for the person.

That being said, if I'm there looking for Joe Blow and I see a bag of dope sitting on your coffee table or under your bed, guess what???? Someone is in trouble.

[OldSkaterDan]

Originally Posted by Steve in PA

That being said, if I'm there looking for Joe Blow and I see a bag of dope sitting on your coffee table or under your bed, guess what???? Someone is in trouble.

Really? If you were in pursuit of, say, a murderer (if the homeowner wasn't suspected of abetting), you would stop and bust someone for a bag of weed?

Just want to be sure I didn't misread.

Thanks,
Dan

[larrymeyer]

Originally Posted by OldSkaterDan

Really? If you were in pursuit of, say, a murderer (if the homeowner wasn't suspected of abetting), you would stop and bust someone for a bag of weed?

Just want to be sure I didn't misread.

Thanks,
Dan

No Dan but you can bet he'll be back and if he's searching your house for someone anything in plain sight is legal game. You can bet he may not be alone and can leave another LEO there till he comes back with the search warrent

If a police or the PSP are in a hot pursuit they may also go into another community or another state