MCOLES State Licensing Practice Exam

You observe a subject steal a TV and run into a house. Can you enter the house to retrieve the stolen TV?

1. Yes, search incident to lawful arrest

2. No, you need a search warrant

3. Yes, hot pursuit

4. Yes, based on probable cause

The correct answer is: No, you need a search warrant

The correct answer is based on the legal requirements surrounding search and seizure. When a law enforcement officer observes a crime, such as the theft of a TV, and the suspect immediately goes into a residence, the officer typically cannot enter and search the home without a warrant, unless certain exigent circumstances apply. In this scenario, entering the house without a warrant can infringe upon the Fourth Amendment rights that protect individuals from unreasonable searches and seizures. The need for a search warrant is grounded in the principle that homes are places of heightened privacy and security. Officers generally need to obtain a warrant to search private property unless exceptions apply, such as exigent circumstances, hot pursuit, or consent. While hot pursuit could be considered an option if the officer is actively pursuing the suspect and believes the situation necessitates immediate action to prevent harm or the destruction of evidence, the mere act of entering a home to retrieve an item observed being stolen does not automatically constitute exigency. In this case, the focus on needing a search warrant underscores the importance of due process and the legal constraints on law enforcement's ability to search private property without proper authorization or justification. Therefore, the necessity of a search warrant is the appropriate stance in this situation.