Can the cops enter your home when a third party calls them, if there is no sign of forced entry or immediate or present danger?
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Can the cops enter your home when a third party calls them, if there is no sign of forced entry or immediate or present danger?
My boyfriend and I were out of town when we recieved a call from a friend who said that he was at our house and he thought someone had broke in, we told him not to call the cops that we were on our way. He called anyway and the cops entered our house without our permoission, There was no sign of forced entry or that there was a crime in progress. The back door was open and there was an amp on the porch. The amp on the porch was what they said gave them probably cause to enter our home. Did they have the legal right to enter our home?
Asked on August 2, 2012 under Criminal Law, Kansas
Answers:
Kevin Bessant / Law Office of Kevin Bessant & Associates
Answered 11 years ago | Contributor
The police do not have to have a warrant to enter your home if they entry is part of a criminal investigation for a potential crime that has just been committed, in this case a potential burglary. The police have a duty to come to the home, investigate, and make any necessary arrests if there is probable cause to do so. Because the nature of their entry was not to perform a search of the home, but to prevent or investigate present criminal activity (i.e. also known as exigent circumstances or hot pursuit), they have a legl right to enter your home without a warrant.
Kevin Bessant / Law Office of Kevin Bessant & Associates
Answered 11 years ago | Contributor
The police do not have to have a warrant to enter your home if they entry is part of a criminal investigation for a potential crime that has just been committed, in this case a potential burglary. The police have a duty to come to the home, investigate, and make any necessary arrests if there is probable cause to do so. Because the nature of their entry was not to perform a search of the home, but to prevent or investigate present criminal activity (i.e. also known as exigent circumstances or hot pursuit), they have a legl right to enter your home without a warrant.
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