Search question

[Steveo8]

I have heard something that I would like more info on. If LE is looking for a person of interest for a crime and they believe that the individual in an a house, can they force their way in to the house and perform a search without a search warrant after the owner has told them that the individual is not there simply because the home owner has acknowledged LE and answered the door?

[Cpl. Haas]

Not really...

In the case of "fresh pursuit"... that is, the police are actively pursuing the suspect, they can enter private property without consent or warrant. They need to be able to articulate their actions though... like seeing the suspect enter the house, garage, shed, RV, etc... they can't just go in because they have a hunch.

Otherwise 4th Amendment rights stand... usually, if they really feel the suspect is in there, they'll set up a perimeter and go get a warrant.

[Steveo8]

Would some one telling them that the person was in the house take it past a hunch? Here is the scenario I was given. DV victim said the the suspect was at a house. LEOs set up a perimeter, knocked on the door, home owner answered the door opening it to answer it. Told the LEO that the suspect was not there. LEO pushed his way past the owner and searched the premises. LEO that told me about stated that the owner gave implied consent by opening the door even though the owner told him he was not allowed to enter. Legal or not?

[Ron-Solo]

Steve, there must be something missing in what you were told, otherwise, what Cpl Haas said is accurate.

[Steveo8]

Thx Ron, This is the way it was told to me. I didn't think that just because a person opened the door to LE that that was implied consent.