6.00.010     WARRANTLESS RESIDENTIAL ENTRY                    (CALEA 1.2.4)

 

Definitions

 

v       Lawful Consent - For any “consent” to function as lawful exception to a Constitutional warrant requirement, it must be:

 

1.     Voluntarily given by persons present with authority to consent, and

 

2.     Officer’s actions must not exceed the scope of the consent given

 

Note:     An officer may enter the areas commonly open to guests if at least one person with authority consents to the entry.  A search of other areas requires the consent of all persons present with authority to consent. 

 

v       Voluntary - Determined by the totality of the circumstances including:

 

1.     Whether Miranda was given

 

2.     The degree of education and intelligence of the consenting person and

 

3.     Whether the consenting person had been advised of his right to consent

 

All three of the above factors must be present.  None of these factors can be considered alone.

 

Ferrier Warnings

 

A warning is not necessary each time an officer enters a house to exercise an investigative duty.  The following requirements are necessary only when conducting a “knock and talk” (an entry made to conduct a search for contraband or evidence of a crime to gather information for a search warrant.)  Before entering the house for a Knock and Talk, the officer must inform the person with authority that he/she can:

 

v       Refuse to consent

 

v       Revoke the consent at any time

 

v       Limit the scope of the consent given to certain areas of the home

 

Officers will not conduct warrantless entries into private residences, unless they:

 

v       Have lawful consent

 

v       Are faced with and can articulate an emergency or exigent circumstances, or

 

v       Are in fresh pursuit of a person who has committed a serious crime or who poses a threat to other occupants, the public or officers