Originally posted by FrodeMk3
When someone says "No", Probable cause can then be used to search anyway. What I want to see is if the B.P.D. goes that far.
PC isn't enough to enter a residence.
If the police knock looking for consent, and are told "no", they need both probable cause and "exigent circumstances" to force entry.
Otherwise they need to present their PC to a judge and secure a search warrant.
But this is really easy to get around.
Lets say I knock, and from my DRE training immediately notice the person who answers the door has blown out pupils and is displaying mannerisms consistent with being under the influence of a stimulant (controlled substance), plus I can smell the strong distinct odor of recently smoked illegal narcotics emitting from inside. My training & experience tells me its a area with high narco activity, I form the opinion there is illegal narco activity going on inside.
From that point on, a flushing toilet, sound of running water, or other noises indicating the possible destruction of evidence equals exigent circumstances.
Also the police are 100% allowed consensual contacts with the citizenry, when I used to eat a Dennys and chicks would talk to me, I didn't have to say "I cant talk to you with out PC"... a police officer can even walk up to you on the sidewalk and ask "How ya doin?". Narcs are infamous for that, they go into bars just to say "hello" and end up forming enough PC to search 1/2 the people there.
