Question:

CAN A COP ENTER A HOUSE UNDER THE FOLLOWING CIRCUMSTANCES?

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I just woke up to a police officer in my face. I was at a party and everybody at the party is 18 years old. Apparently the cops came and 3 people ran. After seeing this the cop let himselff in the house and woke everybody up. We were drinking but the cop wouldn't have known unless he entered the house. Is it legal for a police officer to enter a house under such conditions? Nobody got charged but I'm pretty sure a cop is not allowed to enter a house without a warrant... please give me some information!!!!!!!!!!!!!!!!!!!!!! p.s. im still drunk

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11 ANSWERS


  1. You were alseep, so you don't know what circumstances they entered the house under.


  2. someone needs to have let him in....otherwise im pretty sure thats illegal....unless like someone was being killed or somethin

  3. Whether or not he had grounds to enter the house, I wouldn't cause a fuss about it considering you were all underage and drinking.  You'll be in a heep more trouble than he will.

  4. yeah i think you're right, if he doesn't have a warrant it's definitely tress passing

  5. yes

  6. he can't really enter without a warrant unless your door was open or someone let him in. you were all drunk maybe one of you let him in.

  7. There is probably reasonable cause.

    Since you got off....just be quiet about it.   You should be very happy with the outcome.

  8. If he has a belief that any criminal activity is occuring he may enter.

  9. The cop in question can say he had probable cause since the guys ran off it looked suspicious. It doesn't matter anyway, the cops can do basically whatever they want these days.

  10. A cop can enter a house for the following reasons

    1. Hot pursuit

    2. Suspicion

    3. Statutory right of entry

    4. I'm sure I've missed three

  11. Three legal defences for why his actions were legal:

    1. In order to apprehend the arrest of anyone still inside the premises under on the possibility that a crime has taken place such as robbery.

    2. To ensure no one was injured as a result of a criminals actions (such as an example in (1), in the UK for example, it allowed under Section 17(e) of the Police and Criminal Evidence Act 1984 (in order to save "life or limb")

    3. Believing a person is in residence of that place, of which a warrant for their arrest has been issued.

    If his actions were not under these categories he'd have needed a warrant (or in extreme emergencies - ie terrorism - permission from a senior officer) otherwise the owners of the premises may bring a private prosecution for trespass.

    He would be able to act under a dispersal order given by a senior officer or magistrate, issued for example due to the premises being disrupted to neigbours.

    P.S. Get sober ;)

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