FRANK D. TAFF, J.D., Attorney at Law - 3601 SW 29th Street, Topeka, Kansas 66614
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When Can Police Enter Your Home?

Police can enter a home without a warrant only with the voluntary consent of the owner or a third party with apparent authority over the premises, or when exigent circumstances exist.  See United States v. Carter, 360 F.3d 1235, 1241(10th Cir. 2004).  

To enter a home and seize an individual for a routine investigatory purpose, police must have exigent circumstances and probable cause, or a warrant, “no matter whether the seizure is an investigatory stop or an arrest.”   Armijo ex rel. Armijo Sanchez v. Peterson, 601 F.3d 1065, 1073 (10thCir. 2010). Probable cause is established where “a substantial probability existed that the suspect committed the crime, requiring something more than a bare suspicion.”  Kerns v. Bader, 663 F.3d 1173, 1188 (10th Cir. 2011) 

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