In the US, how may the police legally enter a private residence without a search warrant?

zbeckabee

Under the Fourth Amendment to the United States Constitution, most searches by the police require a search warrant based on probable cause, although there are exceptions. Any police entry of an individual's home always requires a warrant (for either search or arrest), absent exigent circumstances, or the free and voluntary consent of a person with reasonably apparent use of or control over the property. Some commonly cited exigent circumstances are: hot pursuit of a felon (to prevent a felon's escape or ability to harm others); imminent destruction of evidence before a warrant can properly be obtained; emergency searches (such as where someone is heard screaming for help inside a dwelling); or a search incident to arrest (to mitigate the risk of harm to the arresting officers specifically). In each of the situations below, a police officer does not need a search warrant to conduct a search. 1. If an individual voluntarily consents (agrees to) a search, no warrant is needed. 2. A police officer that spots something in plain view does not need a search warrant to seize the object. 3. If a suspect has been legally arrested, the police may search the defendant and the area within the defendant's immediate control. 4. Following an arrest, the police may make a protective sweep search if they reasonably believe that a dangerous accomplice may be hiding in an area near where the defendant was arrested. 5. If the police stop a car based on probable cause, they can search for objects related to the reason for the stop without obtaining a warrant. http://www.landmarkcases.org/mapp/when.html http://en.wikipedia.org/wiki/Search_warrant http://www.lectlaw.com/def/e063.htm Sep 15 09, 8:41 AM