The Search & Seizure Show

Can cops make entry into a third party residence for a warrant, if they see the suspect?


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Hello, everyone, it's Anthony Bandiero Here, attorney and senior legal instructor for Blue to gold law enforcement training. Bring it on the roadside chat from the studio. Alright, this question comes from an officer in Idaho. My future home state, by the way, bought some property in Idaho can't wait to build. Alright. So the question look at my computer here, the question is, can you make entry into a third party residence for a warrant? If you visually see the suspect? I definitely have your answer. Let's give you some context. So the COP is doing a knock and talk at a third party residence, let's say the cousin's house due to a tip or see that the subject sub-subject is at the location, and also has a warrant for his arrest. When you arrive at the location, and you see the subject through window, you see the subject through window, and he looked through you and he, and he sees you. Right. So can you enter the home and arrest the suspect? Right. Also, the homeowner answers the door and tells you the suspect is inside know, he says yeah, he's uh, he's here. And do you have to get a search warrant? Consent? Or can you just go in with the arrest warrant? Guys, I definitely, definitely have your answer with 100% certainty because there is a US Supreme Court case directly on this issue is called us versus steagle. And the answer is no, and cops can not go in. So the reason why is because cops aren't not or are not necessarily violating the suspects rights, the ones they have an arrest warrant for. But they are certainly violating the homeowners rights. See, the homeowner has a right to keep police out of his or her home, unless they have judicial authority. Right. So just because they have a friend who's hanging out, that happens to have a warrant for their arrest, that does not mean that police can barge into that person's home, invade their privacy interest in order to effectuate that search warrant, I'm sorry, arrest warrant. So you're violating that person's rights. So you would need either consent, the homeowner can certainly give you consent to come in. Even if the the wanted the fugitive says how man You can't come in here. That's going to be a rare circumstance, indeed, where that guests can override the homeowners consent because they have greater authority of their home. So consent will work exigency will work if you have agency, you know, for example, if you do not get this person in custody right now, do you believe that he will be long gone before you come back? You better have specific facts, not just a. It could be possible? No, you're gonna need the guy's been running from police. And I don't have any people I can put on the house, I can't surround it. I can't stay here until I come, you know, come back with a warrant. You're going to legitimate agency. Okay. Do you have probable cause, that the suspect has evidence on their person, like DNA evidence, let's say that they're also suspected in a violent crime. And they also happen to have a warrant for the rest, but they're suspected about a crime that just occurred, you know, recently, like within that within a couple hours or so forth, and they may have gunshot residue on their hands, DNA evidence on their genital area, you know, evidence on their fingernails, that's something that will get you into the home and take them into custody? Or do you have a search warrant for him for that residence? That's what you'll need. If you don't have that you can't go in. And this question comes up a lot, because cops are like, But Anthony, I can see this dude. He's like, he's in the window or the the the homeowner opens the door, and I can see him sitting on the couch. ..

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The Search & Seizure ShowBy Anthony Bandiero

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