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Can a police officer search your house without a search warrant even if you told them no they can not without one?

Mount Holly, NC |

my friend had the cops go to her house because they suspected a runaway was there which he was not there.
they also told the cops no they couldnt come in without a search warrant and they barged in anywaya and told them they didnt have to have one to search their house?
can they sue them?

Attorney Answers 1

Posted

Warrants are necessary for a search in a criminal case unless an exception to the warrant requirement exists, and the remedy for not getting a warrant is any evidence obtained as a result of the search is not admissible at trial in a criminal case. In this case they likely could justify the search the under exigent circumstances exception. But, if your friend wasn't criminally charged then this does not apply and is not really a question for the criminal defense category. Generally for purposes of suing the police you would need to show they engaged in conduct so far outside of their authority as to be a gross abuse of it. Entering a home in search of a runaway likely would not qualify.

Notice: The information contained herein is intended as general legal information and does not create an attorney-client relationship and is not governed by confidentiality rules. This general legal information is not a substitute for seeking the direct advice of legal counsel.

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