Conyers, GA asked in Criminal Law and Constitutional Law for Georgia

Q: Can a cop open a closed and latched gate (of a third party) that has a no trespassing sign on it with an arrest warrant

LEO's opened my gate because they suspected that a person they had an arrest warrant for was there. Which they weren't there. Did they have the right to just unlatch my gate (that has a no trespassing sign on it) and open them up, and proceeded onto my property looking for said suspect?

1 Lawyer Answer
Zachary Taylor Beck
Zachary Taylor Beck
  • Criminal Law Lawyer
  • Rome, GA
  • Licensed in Georgia

A: Yes, if the police relied upon reasonable, articulable facts that the person they had a valid arrest warrant was on the property. It does not matter if the person was actually on the property if the above standard was met. However, the police will be limited to only search the property for where a human being could be. Thus, the police could not search through drawers, cabinets, desks, etc.

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