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Old February 2nd, 2011, 13:39   #42
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Join Date: Jul 2008
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Originally Posted by Brian McIlmoyle View Post
Wrong, probable cause .. no warrant required.

report of a "person with a gun" will illicit a police response , they will enter premises without a warrant.
Can you back you statements with law?

Probable cause is what needs to be presented to get a warrant in the first place.

What I've found.

"Any police entry of an individual's home always requires a warrant (for either search or arrest), absent exigent circumstances, or the free and voluntary consent of a person with reasonably apparent use of or control over the property."

exigent circumstances are : hot pursuit of a person believed to have commited a crime, to stop the apparent possiblity of physical harm to an officer or individual, or to stop the destruction of evidence suspected in a crime.

Most people screw up when the police ask if they can come in. As soon as you say yes, they can do just about anything they want in your house. They will usually tell you you will get in trouble if you don't let them in.

I agree that you will be visited by the police as they have to investigate, but that doesn't immediately mean they have the right to enter your house.

It might be different if you were shooting a pellet or airsoft gun from inside your house to the outside. But not just having one in your house that someone outside can see.
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Last edited by Grudge; February 2nd, 2011 at 13:41..
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