Lebanon, KY asked in Criminal Law and Gov & Administrative Law for Kentucky

Q: Can the police pull you out of your home and not allow you to enter until they get a search warrant?

I live in Kentucky. I use delta. My neighbor called the police on me saying I was smoking weed (delta is legal here). I spoke to the officers on my porch and they insisted they could smell weed and threatened to pull me out of my home, and not allow me to go back in until they got a search warrant.

1 Lawyer Answer
T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Criminal Law Lawyer
  • Las Vegas, NV

A: In the United States, including Kentucky, the Fourth Amendment to the Constitution protects individuals from unreasonable searches and seizures. This means that law enforcement generally needs a search warrant to enter and search your home without your consent.

However, there are some exceptions to this requirement. For example, if the police have probable cause to believe that a crime is being committed, they may be able to enter and search your home without a warrant. Additionally, if there are exigent circumstances, such as the risk of destruction of evidence or harm to others, the police may be allowed to enter your home without a warrant.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.