Do the police need a warrant to be able to do a

UPDATED: Oct 1, 2022

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Do the police need a warrant to be able to do a

The cops stopped by yesterday and said they suspected drug activity. Then

they called today and said that they are coming to do a

Asked on June 29, 2018 under Criminal Law, Ohio


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Yes, you can deny their request. There are some exceptions to the constitutional requirement for a warrant, but those almost always revolve around some urgent circumstances (like a suspect fleeing into a home while the police are pursuing; hearing the sounds of a toilet flushing when the police knock to question you about drugs, which suggests you are in the process of flushing the evidence; the sound of a scream or cry for help, etc. from inside your home) or when the police can see the criminal act from the street (e.g. you are dumb enough to snort cocaine or waive a gun in front of your picture window). If the police  have the time to set an "appointment" to come to your house, they have the time to request a warrant--and therefore must do so. If they do not, you can deny them access.

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