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

Get Legal Help Today

 Secured with SHA-256 Encryption

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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption