If a police officer wanted to search someone’s home and the homeowner refused, which of the following would the police officer need to have in order to search the person’s home against their will?

Question

i. Probable cause
ii. Signature of homeowner
iii. Search warrant
A.
i only
B.
ii only
C.
i and iii only
D.
i, ii, and iii

Answer 1

The correct answer is C. i and iii only.

In order to search a person's home against their will, the police officer would need (i) probable cause, which is the reasonable belief that a crime has been committed or that evidence of a crime can be found in the location to be searched, and (iii) a search warrant, which is a legal document authorized by a judge that permits the police to conduct the search. The signature of the homeowner (ii) is not necessary for a search that is conducted under these conditions.