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Do police have a right to searching somebody's home without warrant if cell phone reported stolen then GPS located to this address?
I'm wondering supposed somebody stole your phone. You went to police department to make a crime report. Yet you asked police to use their computer to locate your phone. By time police found the phone, it's at somebody's home address.
Now can I tell police to go to that address to get phone return to me? Even if this person did not answer the door when police knock their door. Or person deny say no phone in that address.
Don't have to be at home address but in any vehicle.
Meaning police gonna have to keep following wherever GPS showed on police computer screen. Let say 15 years old kid carry a stolen phone to school, police will follow this kid around because GPS shows this kid is carry it. But can't search kid without a warrant. Would police spent all day follow kid while waiting for judge to sign warrants?
5 Answers
- Mr. SmartypantsLv 73 weeks agoFavourite answer
Nope. 4th Amendment:
The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures shall not be violated, and no warrants shall issue but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched and the persons or things to be seized.
Meaning: You can't search a home without a warrant, and the warrant must be backed by 'probable cause'. A GPS signal would be 'probable cause' but you still have to get a warrant.
Of course these days most police departments don't hold the Bill of Rights in high esteem. The War on Drugs and the War on Terrorism have really been wars on the Bill of Rights. A lot of police departments might just barge in, I think.
- Anonymous3 weeks ago
Police CANNOT legally search a property without a search warrant. Have you discussed ALL of your legal problems with your Psychiatrist?
- .Lv 63 weeks ago
Not in the United States they can’t. However, if the police have the report of the stolen property, the GPS coordinates, the address, and the name of the homeowner, they can go to a judge and ask for a warrant.
With a warrant, they can enter. (Or if the homeowner grants them permission to search the house.)
Now if it’s in a vehicle?
Again, only with a warrant.
Or an arrest with a subsequent search of the vehicle.
Or if the phone is out and clearly visible from the outside of the vehicle.
Or if the owner grants permission.
