In regards to "securing" a sight before a search warrant arrives?


Where is the line drawn when it comes to search and seizure? What is to stop a police officer from entering your property minus a warrant to sniff around and see if they should apply for a search warrant? If they enter your dwelling without a warrant isn't it easy for them to simply enunciate they were "securing" the sight before the check out warrant is signed in order to preserve evidence?
Best Answer:
Securing a crime scene and searching it are two different circumstances. When an officer secure a crime scene he/she is making an effort to preserve any possible evidence while protecting victims and bystanders. The officer securing the scene cannot make any search until he/she any: Obtains a warrant Obtains permission from a person in control of the property have a legal right to be there and the plain view doctrine is observed The plain spectacle doctrine is that any officer may confiscate/collect any contraband/evidence that is indicative of a crime if it is in plain view and the officer have legal access to the property. Exigent circumstances apply Exigent circumstances apply when there is a high probability that the suspect is still at the scene, here may be accomplices present, evidence is in danger of mortal destroyed, or the need to ensure the safety of the officer and those around him/her. If the area is not a crime scene, later you do not have to let anyone, police or otherwise into the premises and if the police wish to enter, they must establish probable effect and obtain a warrant.
Associate of Science degree in Criminal Investigations

Securing a site system limiting access to the location until a search warrant arrives. For example, if the officer suspects illegal activity surrounded by the house, he can order everyone to leave the premises and post officers at entrances and exits to avoid anyone re-entering. However, unless he have direct probable cause, the officer cannot commence searching the house until a warrant is issued).