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when is a search warrent needed??

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R

rayanne

Guest
I live in a small township in PA. I have a neighbor who suffers from Bi-Polar disorder with delusional tendencies. He has quite a history through out the neighborhood and with the local police department. Most recently he has been making false police reports about my family. During his last episode he called the police at 6 am on a sunday claiming that he heard gun shots coming from my house. Our local department came as well as a neighboring department for back up. Our entire house was searched for either a body or a gun. The police have been understanding and very polite when they come to the house to investigate his claims. They have even gone as far as saying that they do consider him a threat, but their hands are tied. Here is the first of my questions. Did the police need a warrent to search my property, or was the word of a person who is known for making false reports considered probable cause? Also, and I am not sure if this would fall under the same catergory, what actions can I take against this man. I, in no way want monetary compensation. I merely want him to get the help that he needs so that we both can go on with our lives. I have contacted our state mental health department, they told me that until he hurts someone there is nothing that they can do. Our police department has done the same and gotten a smiliar responses. Finally, is there really nothing the police department can do for me and my family??
 


calatty

Senior Member
The police could not legally search your house without a warrant. A warrant must be supported by probable cause to believe that evidence of criminal activity would be found in your house. Your neighbor's claim would probably not have constituted probable cause. The police do not need a warrant if you consent to the search. There is nothing you can do about this man from a criminal law perspective until he commits a crime. You might try suing him for harassment.
 

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