Q: Can a cop come on your property without your permission over an ordinance
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (916) 704-3009
- View Profile
- Answered
A:
In most cases, a police officer cannot enter your property without your permission if they are only investigating a potential ordinance violation. However, there are some exceptions to this general rule:
1. If the officer has a valid search warrant, they can enter your property to investigate the matter, even without your consent.
2. If the violation is in plain view from a public space or an area where the officer has a legal right to be, they may be able to take action without entering your property.
3. In some jurisdictions, certain local ordinances (such as those related to public safety or health hazards) may grant officers more leeway to enter a property without permission.
4. If there are exigent circumstances, such as an imminent threat to public safety or the need to prevent the destruction of evidence, officers might be able to enter without a warrant or consent.
In general, if a police officer wants to enter your property to investigate an alleged ordinance violation, they should ask for your permission first. If you refuse, they would typically need to secure a warrant or have a valid reason for entering without your consent. If you believe that an officer has entered your property illegally, you should consult with a local attorney who specializes in civil rights or criminal defense.
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.
