Can a police officer search my tent with no probable cause? or does he have to have a warrant?

Question

Can a police officer search my tent with no probable cause? or does he have to have a warrant?

Answer 1

In TN we have what is called the Tennessee Wildlife Resources Agency - aka TWRA, aka Game Wardens.  A TWRA Officer does not have to have a warrant.  It is a situation that could easily be abused, but I haven't ever heard of them abusing their authority.  The logic behind this right is this:  You could be hunting or fishing illegally and they have the right to look for evidence of this - without a warrant.  I have heard of instances where local law enforcement has been unable to obtain a warrant so they located a Wild Life Officer to go in a residence to check for any sign of illegal hunting.  Of course local law enforcement had to "back up" the Game Warden because there are so few of them.  Once inside, they may spot something that gives them the probable cause they need to search for other items.  

Basically, if it was not a Game Warden/Wildlife Officer who searched your tent and you weren't sitting outside smoking a big hooter when the officer approached - HIRE AN ATTORNEY!

Answer 2

Watch the video in my sources for more info about your rights.  Very informative.  One rule of life: never consent to a search.

Your county might be different, this is the deal form the burning man festival's website.

" If a law enforcement representative requests to enter your home - your tent or your RV - you do not have to admit them unless they have a warrant signed by a judge, however, an officer may be able to search your premises without a warrant. One exception is when the evidence of criminal activity is in plain view from a public place, such as through a window or open door. Another example is when the officer has "probable cause" to believe that a crime has been or is being committed but the situation is urgent, such as when a suspect is poised to destroy the evidence or a search is necessary to protect the public. Both sight and scent of illegal activity may be held by a court to represent probable cause.

***The more steps you take to make your vehicle or tent private, the more expectation of privacy you will have against an unwarranted search. On the other hand, if your tent has no walls, or your vehicle doors are always open, then your right to privacy is diminished and police may search without a warrant. Illegal behavior conducted in plain sight is subject to acts of law enforcement in Black Rock City. You have the right not to consent to a search if the police officer asks for your permission to search. If you are arrested, the police can search you and the area "close by", which usually means just the room you are in. This does not mean adjacent tents or RV's where there is no evidence of criminal activity.*** "

Answer 3

Unless your tent is set up inside your house, he probably can.

Answer 4

Bill of Rights IV Amendment Bill of Rights

Amendment IV

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Answer 5

never consent to any search of anything police have been abusing thier authority as long as there have been police around if youre not breaking any laws then never let them search anything half the cops out there are not responsible enough to enforce our laws and the public suffers at there hands every day

Answer 6

You have a lesser expectation of privacy in a tent, especially if you are in a public campground.

The officer does not need a warrant, but he does need to articluate a reasonable suspicion the search will turn up something illegal.

Answer 7

If busted of course hire an attorney.

Real life means that if an officer wants to search your tent he or she will find a reason. Smoking something or drinking? You can smell it or see the signs a mile away.

Answer 8

Yes, an officer does need a warrant to search your tent.

But that does not prevent him from looking in to your tent while the "window/door" flaps are open...that scenario falls under "plain view".