Can a cop pull you out of house with no warrant to secure premises when they are looking for a wanted person that isn't even you.

[p.j.twiztid]

What is the name of your state? Iowa

 

[CdwJava]

Any consideration of a potential 4th Amendment issue has to be evaluated based upon the articulated facts at the moment. Each situation is different and must be evaluated based upon its own merits. Since you posted no facts, about all one might be able to say is ... Yes, there are circumstances under which the police can enter and secure a residence without a search warrant. Moreover, chances are that if there existed an ARREST warrant for the suspect, and the residence was the suspect's residence, the police can generally secure the premises and the people within while they conduct a search.

Would you care to provide some specifics? Namely, was there an arrest warrant for the suspect? Was the house believed to be the suspect's residence? Details matter.

 

[RJR]

Agree with Carl.

Also, could be you were in some type of immediate danger you were unaware of, and they had no time to explain, just protect.

 

[quincy]

Is one of the residents of the home on parole or probation?

 

[xylene]

Not to be snarky, but CAN they? Yes, they can - as evidenced by the fact that they did.

Are you looking for some kind of lagel redress or damages? Were you arrested? Did this search uncover contraband or evidence that is being used against you?

I can tell you bluntly - police aren't always very nice when dealing with an arrest/warrant situation and can be curt. They have to be concerned with their own safety and the safety of the public. Please come back and let us now if this involves more than just your feelings being hurt.

 

[HighwayMan]

Yes, they can - as evidenced by the fact that they did.

We don't even know that for sure. It could be one of those hypothetical questions people wake up with in the middle of the night. Or maybe the OP read about it in the newspaper or saw it on YouTube.

 

[quincy]

We don't even know that for sure. It could be one of those hypothetical questions people wake up with in the middle of the night. Or maybe the OP read about it in the newspaper or saw it on YouTube.

Or late night watching of Law and Order reruns.

 

[xylene]

Or late night watching of Law and Order reruns.

Law and Order wasn't set in Iowa.

 

[xylene]

No Hills Street Blues.

 

[quincy]

Law and Order wasn't set in Iowa.

p.j. is from Iowa but p.j.'s question could be driven by an episode seen on TV.

 

[p.j.twiztid]

No my feelings are not hurt, its the fact that I was arrested and they had no warrant to produce to look for the guy they were looking for that they supposedly had a tip that the person was there. They also came around up around my house peaking

p.j. is from Iowa but p.j.'s question could be driven by an episode seen on TV.

With all due respect this is real life. so say some trolling game for a low-life sitting in their house so I can just watching TV all day trying to judge other people's lives and like they're a lawyer. No matter what it is I'm asking a question and you can answer it or not answer it but you don't have to be snarky deuce. This is supposed to be free advice not " let's guess which TV show this comes from" . dun dun. (law and order sound) heard that on a episode once but no not during my real life situation where my rights may have been violated don't know if they were because nobody wants to answer my question without some snarky comment. but everybody's coming in about where the question came from cuz that doesn't matter. I can't believe that there's other lawyer website recommended that I even post on here or even asked a question on here. real people went to jail and you guys want to act like it's off a TV show, YouTube or that is hypothetical from us just waking up in the middle of the night with some random question

 

[quincy]

Please reread the terms of service on this site. Your post was reported for foul language which is not permitted on this forum.

If you had provided more details originally, you would not have received some of the responses you received (including mine).

With some regularity we get posters asking hypothetical questions or questions that arise from TV shows. A "can they do this" question.

Perhaps you would like to clean up your language and approach the posting of your legal issue better than you did before?

 

[CdwJava]

No my feelings are not hurt, its the fact that I was arrested and they had no warrant to produce to look for the guy they were looking for that they supposedly had a tip that the person was there. They also came around up around my house peaking

You were arrested? What were you charged with?

With all due respect this is real life <bleep>. so say some <bleep> trolling game for a <bleep> low-life sitting in their house so I can just watching TV all day trying to judge other people's lives and <bleep>like they're a <bleep> lawyer. No matter what it is I'm asking a <bleep> question and you can answer it or not answer it but you don't have to be snarky deuce. This is supposed to be free advice not " let's guess which TV show this comes from" . dun dun. (law and order sound) heard that on a episode once but no not during my real life situation where my rights may have been violated don't know if they were because nobody wants to answer my question without some snarky <bleep> comment. but everybody's coming in about where the question came from cuz that doesn't matter. I can't believe that there's other lawyer website recommended that I even post on here or even asked a question on here. real people went to <bleep> jail and you guys want to <bleep> act like it's off a TV show, YouTube or that is hypothetical from us just waking up in the middle of the night with some random <bleep> question

Wow ... foul mouth much? Maybe it was your mouth that got you into trouble that night. If you were arrested for obstruction or some similar offense, your actions may have been why.

Sometimes posters get sidetracked ... like in any real life conversation. But, also, there are a lot of people who post here whose limited understanding of the law comes from television so it can be a source of some curiosity and amusement to many of us here. Sorry if Q's statement somehow rubbed you the wrong way, but, no one can be all serious all the time.

As for your original question, without any details, we cannot say why the police did what they did. But, as stated earlier, there are lawful reasons why the police can secure a residence and conduct a search for someone or wait for a search warrant. We have no way to know the why of this case as there are no details.

 

[quincy]

Carl, you might want to remove the quote - or edit it?

I have to say that this is the first time I have been called a "snarky deuce," though. At least there is some originality.