Do the police have authority to enter a trailer without a warrant and, once the victim is in custody, do they have authority to enter a bathroom without a warrant?

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Do the police have authority to enter a trailer without a warrant and, once the victim is in custody, do they have authority to enter a bathroom without a warrant?

A 911 call was made from a gas station reporting a rape in progress. The police went to gas station, an upset man said his girlfriend was being raped. They went to a trailer, saw a man walking around in his boxers inside who then went into the kitchen and got a glass of water. They knocked and requested that he open door but he refused. They broke down front door with an axe. When they got inside no one came out into view. They searched the bedroom and found a girl in the closet fully clothed. The defendant locked himself in the bathroom. The police then cut the door down and a police dog bit the defendant.

Asked on November 10, 2013 under Criminal Law, Florida

Answers:

Brook Miscoski / Hurr Law Office PC

Answered 7 years ago | Contributor

Warrants are not always required for searches and seizures. One exception is when a crime is in thought to be in progress, especially a violent crime like rape. Having the alleged victim in custody does not end the imperative to apprehend the suspect, and, again, a warrant is not necessary to apprehend a suspect who is fleeing arrest for a crime that the officers believe they've just interrupted. 


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