Can cops enter a home with no search warrant, permission or probable cause??

Question

My husband was arrested on 7-24-08 on a body attachment warrant. When I answered the door to see who was knocking the cop just walked in my mother's house with out her being home, search warrant, probable cause, permission to come into the house or a physical warrant. We asked to see the warrant that gave him the right to just step into the house and he said that he did not have it. I am 4 months pregnant and in the process of the cop stepping into the house he pushed me into a chest that my mother has in the front room. I ended up in the ER over it. When my parents got home they both asked the cop to get out of the house and the cop threatened my mother. Told her that if he had to leave the house she was getting arrested as well. My husband is being held with a bond of $$3,500.00 10% DOSE NOT apply. What can be done or am I stuck with cops who think they own my mother and father's house?

Answer 1

Citicop is correct.

An arrest warrant is, for lack of better terminology, an implied limited scope search warrant.  The police may enter the residence of the person named in the arrest warrant for purposes of searching for and arresting that person.

But, an arrest warrant alone does not allow the police to enter your mother's home to look for your husband, unless your husband lives in your mother's home.  A separate search warrant, commonly called a Steagald warrant, (named after the Supreme Court case that held a separate warrant is required in such circumstances) is required to enter the home of a third party for purposes of serving an arrest warrant.

Answer 2

They can if you invite them.  This doesn't have to be a verbal invitation.  If you open the door and then step to the side as if to say 'come in'  then THEY ARE IN.  Just be sure that whatever is considered illegal is no longer IN but OUT of the house.  Have to keep the two apart you know.

Answer 3

Never open your door to a cop!

They can enter your house under some cirrcumstances, I don't think it applies in your case.

Answer 4

If the ourt had issued a warrant to seize the body of someone, that warrant can be executed anywhere.  The cop making the seizure need not have it with him and if he does he need not show it to you.  If they used force to enter because you were in the way, that is also authorized.  Telling someone they will get arrested is not the same as arresting them and so there is nothing wrong with doing that.

Answer 5

So your dirt bag husband hid behind his wife when the police came for him and you mother was harboring a felon in her house. Nice family

Answer 6

An arrest warrant carries with it a limited right to enter the residence of the suspect to effect the arrest.

If you feel you were mistreated, file a complaint.

Answer 7

If an officer has an arrest warrant they may enter the residence that is specified in the warrant, in order to arrest the person who is named in the warrant.  It does not matter if the offense that your husband committed was a felony or not.  A warrant is a warrant.  As for you being pushed into a piece of furniture, I hope that you are OK.  I also hope that you were not standing in the way of the door to keep the police out.  If you were not and you believe you have been treated unfairly, you are free to file a complaint.  Good luck!

Answer 8

If they're in pursuit of a suspect and they see him enter your home, they can go in there without any warrant.

Answer 9

With a felony warrant, they HAD probable cause to enter.

Whiner.

Answer 10

You need to talk to a lawyer these cops on here will lie to you. Get a lawyer and file a complaint against the cop that push you also as your lawyer about a law suit.

Answer 11

Once you open your door, you've lost your right to privacy from  a cop. I made this mistake too and had a lot of trouble in my life because of it.

Cops are rougher and meaner nowadays than they ever were. They'd just as soon take your life as look at you, if they think they can get away with it.

Get yourself a good attorney for this.

Answer 12

"What can be done or am I stuck with cops who think they own my mother and father's house?"

No, what you are stuck with is a husband that is a criminal. YES, if he is a loser and lives in your mothers home, the police can enter with an arrest warrant and locate and arrest him