What are the Probable causes for Police to enter onto private property?

[Arthur]

I live in PA and i was wondering what would be some probable causes that allows police officers (state police) to enter onto private property. And also some advise on how to refrain from giving police offiers a reason to enter onto private property. Thank you

[Switchback]

It all depends on for what purpose the police intend to enter. What brought them there? Are there any extenuating circumstances? Give some more specifics. It would be much easier to answer.

[Coastie 585]

A reasonable belief that a person has committed a crime. The test the court of appeals employs to determine whether probable cause existed for purposes of arrest is whether facts and circumstances within the officer's knowledge are sufficient to warrant a prudent person to believe a suspect has committed, is committing, or is about to commit a crime. U.S. v. Puerta, 982 F.2d 1297, 1300 (9th Cir. 1992). In terms of seizure of items, probable cause merely requires that the facts available to the officer warrants a "man of reasonable caution" to conclude that certain items may be contraband or stolen property or useful as evidence of a crime. U.S. v. Dunn, 946 F.2d 615, 619 (9th Cir. 1991), cert. Denied, 112 S. Ct. 401 (1992).

It is undisputed that the Fourth Amendment, applicable to the states through the Fourteenth Amendment, prohibits an officer from making an arrest without probable cause. McKenzie v. Lamb, 738 F.2d 1005, 1007 (9th Cir. 1984). Probable cause exists when "the facts and circumstances within the arresting officer's knowledge are sufficient to warrant a prudent person to believe that a suspect has committed, is committing, or is about to commit a crime." United States v. Hoyos, 892 F.2d 1387, 1392 (9th Cir. 1989), cert. denied, 489 U.S. 825 (1990) (citing United States v. Greene, 783 F.2d 1364, 1367 (9th Cir. 1986), cert. denied, 476 U.S. 1185 (1986)).

When there are grounds for suspicion that a person has committed a crime or misdemeanor, and public justice and the good of the community require that the matter should be examined, there is said to be a probable cause for, making a charge against the accused, however malicious the intention of the accuser may have been. And probable cause will be presumed till the contrary appears.


If they have PC to believe that a crime is:About to be comitted, Is being comitted, or Will be comitted, they will come. Now going into your house is a whole different story.

[Arthur]

the only thing that i see that would bring the police is for noise. say that they do come for that, does that give them reson to enter the house uninvited? and also, what would be the probable cause reasons for them to enter if they come to the door? i hope that this is more helpful.

[Coastie 585]

If they came to your house for noise complaints, they would ask you to step outside, and say something along the lines of... "Sir, we have had some neighbors call about the noise, I am gonna need you to turn it down. If we come out here again tonight...bla bla bla, Have a good night." It is safer for you and them to be outside, they would probably not want to go inside.

But I have a good foulproof way to keep them out. Turn the music down(you wont get as much noise complaints ;))

:D

[greenlead]

Don't grow your pot out in the lawn. If they, standing in a place than ordinary citizens would be allowed to be, can see anything illegal gowing on (ie: your large pot plant in the front yard), they are permitted to approach and seize the evidence.

This is just one possible reason.

[Joeyd6]

Or if they see it from the air via a plane or helicopter it is legal for them since the sky is considered public property.

[CashCrop]

Or if they see it from the air via a plane or helicopter it is legal for them since the sky is considered public property.

Not always true.

It has been decided that FLIR searches via air constitute an illegal search without PC, per the supreme court..

For instance:

Large scale Hydroponic operation in House, your local CAMP boys are riding shotgun in a Huey, and start to see a lot of heat. Without first getting a search warrant, that would constitute an illegal search, nor would they be able to use the results from the FLIR for a search warrant...

NOW, I suppose if the FLIR chopper was searching for a subject on foot, and HAPPENED to see this house, then THAT would be a totally different story.

Please correct me if I'm wrong, I am unable to find that case in google...

[corporal716]

I live in PA and i was wondering what would be some probable causes that allows police officers (state police) to enter onto private property. And also some advise on how to refrain from giving police offiers a reason to enter onto private property. Thank you

DON'T GIVE THEM A REASON TO BE THERE AND THEY WONT. :rolleyes:

[sbrad]

A reasonable belief that a person has committed a crime. The test the court of appeals employs to determine whether probable cause existed for purposes of arrest is whether facts and circumstances within the officer's knowledge are sufficient to warrant a prudent person to believe a suspect has committed, is committing, or is about to commit a crime. U.S. v. Puerta, 982 F.2d 1297, 1300 (9th Cir. 1992). In terms of seizure of items, probable cause merely requires that the facts available to the officer warrants a "man of reasonable caution" to conclude that certain items may be contraband or stolen property or useful as evidence of a crime. U.S. v. Dunn, 946 F.2d 615, 619 (9th Cir. 1991), cert. Denied, 112 S. Ct. 401 (1992).

It is undisputed that the Fourth Amendment, applicable to the states through the Fourteenth Amendment, prohibits an officer from making an arrest without probable cause. McKenzie v. Lamb, 738 F.2d 1005, 1007 (9th Cir. 1984). Probable cause exists when "the facts and circumstances within the arresting officer's knowledge are sufficient to warrant a prudent person to believe that a suspect has committed, is committing, or is about to commit a crime." United States v. Hoyos, 892 F.2d 1387, 1392 (9th Cir. 1989), cert. denied, 489 U.S. 825 (1990) (citing United States v. Greene, 783 F.2d 1364, 1367 (9th Cir. 1986), cert. denied, 476 U.S. 1185 (1986)).

When there are grounds for suspicion that a person has committed a crime or misdemeanor, and public justice and the good of the community require that the matter should be examined, there is said to be a probable cause for, making a charge against the accused, however malicious the intention of the accuser may have been. And probable cause will be presumed till the contrary appears.


If they have PC to believe that a crime is:About to be comitted, Is being comitted, or Will be comitted, they will come. Now going into your house is a whole different story.

Nice copy/paste action TPD. You really should source your info if you're going to act like you came up with it. This place comes to mind:
http://www.lectlaw.com/def2/p089.htm

[Coastie 585]

I didn't come up with it, I was trying to get him help. All I did was go to Yahoo.com, then type in Probably cause into the search box, it came up with a list of sites, and I picked the best definition. Only trying to help, and I did not intend to make anyone believe that that work was mine.

Anyone who thought I came up with that is crazy. I apparently dont know all of those dates and ****, I am only an Explorer. I actually put the bottom in bold to signify a difference from the Posted, and my written comment.

If I was going to give him my definition of P.C. it would be...

Enough belief to where a prudent man or woman would think the suspect HAS, WILL, OR IS comitting a crime.

Warning: The above may be under copyright, I have no idea if this is posted somewhere else on the web. (probably is) but this is what I think of when I hear P.C.

I am sorry Sbrad.

[Joeyd6]

Not always true.

It has been decided that FLIR searches via air constitute an illegal search without PC, per the supreme court..

For instance:

Large scale Hydroponic operation in House, your local CAMP boys are riding shotgun in a Huey, and start to see a lot of heat. Without first getting a search warrant, that would constitute an illegal search, nor would they be able to use the results from the FLIR for a search warrant...

NOW, I suppose if the FLIR chopper was searching for a subject on foot, and HAPPENED to see this house, then THAT would be a totally different story.

Please correct me if I'm wrong, I am unable to find that case in google...

I was referring to a a field or in a backyard and using HUMAN SIGHT on private property. Sucha as a pot field on 20 acers. That is 100% legal. But teh use of FLIR alone woudl not be grounds. The case you are refering to is where FLIR and an immediate search. Obviously a search warrant must be obtained. And the search warrant can't be the only item to support the warrant....but very little more is required....such as a notice from teh electric company about the use at that location and the average use of neighboring houses and a complaint on file to "drug activity" in or around teh house.

I am personally involved in a case that was just finished where FLIR caught a high heat off 1 building. Our narc units did surveillance and found a high rate of activity but no drug activity. They got a letter from the electric ciomapny that the house was using 200% more electricty than others in teh area. They also got a print out of teh 911 calls on drug sales or suspicious activity at teh house. A search warrant was granted and 2 people arrested with some plants. Defense made a motion to dismiss on illegal search from the. Case precedent rules it is legal butthere must be some mitigating factors and a warrant must be obtained. It was upheld on 2 appeals. They just took a plae.

[CashCrop]

That's a good example Joey,

The locals were able to use other forms of PC, BEFORE resorting to FLIR, very good police work IMHO.

AM I right that no PC or RS is needed to search trash cans? I've heard that some guys will simply dress up like sanitation workers and pull the trash cans on houses where they have had complaints of smell or a lot of activity. Something about the trash cans being on public property since they are next to the road?

[Jynkxxie]

That's a good example Joey,

The locals were able to use other forms of PC, BEFORE resorting to FLIR, very good police work IMHO.

AM I right that no PC or RS is needed to search trash cans? I've heard that some guys will simply dress up like sanitation workers and pull the trash cans on houses where they have had complaints of smell or a lot of activity. Something about the trash cans being on public property since they are next to the road?

Do A google for California v. Greenwood.

[CXT_180]

... Now going into your house is a whole different story.

No, it isn't.