Legal Question in Criminal Law in Oklahoma

Can the US Marshall service enter my home without a search warrant?

Asked on 11/10/13, 1:51 pm

1 Answer from Attorneys

Jay Ramey Jay K. Ramey, Attorney at Law

No law enforcement officer can enter someone's home without a warrant unless exigent circumstances exist. Exigent circumstances are a true emergency. For example, if a man is inside his house stabbing his wife to death, that is a true emergency, and the police do not have to wait for a warrant to enter. A problem in recent years is that the courts have carved out more and more exigent circumstances that are not true emergencies as the courts want to keep finding more and more "exceptions" to our Constitutional rights.

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Answered on 11/10/13, 3:03 pm

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