Is it legal?

[buckethead924]

What is the name of your state? Maryland
For cops to enter someones house without a warrant? But they apparently have probable cause?
The cops knocked on the door and when it the door was opened they just walked in...Is that legal?

 

[seniorjudge]

Q: For cops to enter someones house without a search warrant? But they apparently have probable cause?

A: Warrantless searches are sometimes okay. Tell us your facts and details.

 

[buckethead924]

They knocked on the door my brother answered the door.. They walked in like they owned the place and proceeded to follow my brother upstairs to my room..They didn't go through my stuff they sad they had a witness saying i drove my vehicle through someones yard 2 nights prior.. they ended up taking pictures of my vehicle and of me and left..but was it legal to just come walking in my house like they did?

 

[seniorjudge]

They knocked on the door my brother answered the door.. They walked in like they owned the place and proceeded to follow my brother upstairs to my room..They didn't go through my stuff they sad they had a witness saying i drove my vehicle through someones yard 2 nights prior.. they ended up taking pictures of my vehicle and of me and left..but was it legal to just come walking in my house like they did?

Yes, that was legal. There was no search and no seizure. But talk to bro...I suspect he told them it was okay to come in.

 

[buckethead924]

Thats what i thought.. but friends of mine are saying it wasnt legal and the cops had no right to be in my house.. Im personally not too worried about it cause I didnt do anything wrong...But i did want to check the legality of them being in my house out ...

Thanks, Heather

 

[CdwJava]

If someone opens the door and steps aside allowing them in, then it is implied consent. Until someone tells them otherwise, then it can be assumed they had consent to enter.

Whether a court would rule that way would depend on the totality of the circumstances. Bottom line is that it was probably lawful ... but, it could be seen otherwise in the right circumstances.

- Carl

 

[Two Bit]

It may or may not have been lawful, but if they didn't ssize anything to be used in court agaisnt you, even if it were unlawful, it would leave you without a remedy.