Can Police Use Probable Cause to Search a House?

Police officers who suspect criminal activity in a house are within their rights to use probable cause to search the home in question, usually provided they are granted a warrant to do so.

Warrants

• To acquire a warrant to search a home, police officers must go before a judge or magistrate and convince them of probable cause. If their affidavits establish probable cause in the magistrate's view, they will be granted the warrant to conduct their search.

Searches

• In certain situations, however, search warrants are not required. If the search is seen as justified under the conditions or does not apply to the Fourth Amendment, preventing against unreasonable searches, police are within their rights. When permission is willingly granted to an officer to search a premises by the owner, the search is also permissible without a warrant.

Tenants

• If multiple tenants reside in the same home, court rulings often determine that one tenant cannot give consent for police to search areas of the home controlled by other tenants and vice versa, such as their bedrooms. Landlords also cannot consent to searches of leased property.