The police never need a warrant.LedJedi wrote:Do police NEED a search warrant? I was always under the impression that if they saw/heard/smelled/etc. what appeared to be evidence of a crime they could enter and search without a warrant.
so there is NO defense against resisting arrest or search unless the officer has already used excessive force ...
Legally, they can enter if they see evidence of a crime from a public place (through the window from the sidewalk, for example) or other signs of someone in distress (screaming, etc.).
The legality comes into play when evidence is introduced in a trial. If the search was not legal, the evidence cannot be used.
Resisting arrest is rarely justified and almost guaranteed to get you (1) hurt and (2) charged with a felony. The only time I could see myself resisting arrest is if the officer had threatened to kill me. (I'm talking here about corrupt officers, who I am unlikely to encounter.)
- Jim