Reply to comment

You are absolutely incorrect. I have a B.A. in Criminology from the University of South Florida, and while I am not a police office, I have worked as an insurance investigator for 9 years. Probably cause DOES NOT extend to someone's home. For your example of teenagers and alcohol, that is crap. Any defense attorney would have that evidence thrown out under the exclusionary rule and the cause would be dismissed. Alcohol is not illegal. Also, there is no law preventing teenagers from being around alcohol. You, sir, have no idea what you're talking about. That unlocked door thing, that's crap too and completely false.

Police may enter your home under the following circumstances. There may be exclusions and additions to this list, but this is your general rule of thumb. Never fight with or even touch a police officer, just repeatedly say, "I do not consent to searches!"

1. They have a warrant to search a premises.
2. The person with care, custody, and control gives them permission.
3. They are trying to prevent the destruction of evidence they have PERSONALLY SEEN in the home (for example, they see a pile of cocaine on your coffee table through an open window, and even then their search is limited to that specific item).
4. The "hot pursuit" rule discussed above by the authors.

Probably cause, per se, does not apply to a dwelling. It is completely difference for other things like cars. But the Castle Doctrine (a part of common law) says a man's home is his castle, and the United States Supreme Court has upheld the most strict rules against searches of dwellings time and time again.


The content of this field is kept private and will not be shown publicly.