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Step 1
Identify the property owner or occupant of the private residence you plan to search and ask his permission to gain entry, unless you have probable cause and a search warrant.
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Step 2
Know that the permission for a legal search shifts to law enforcement personnel once probable cause is established. Probable cause exists once there is a reasonable belief by law enforcement personnel that a crime has occurred on the premises. Suspicious activities, such as running away from police officers or making sudden or threatening gestures, can all constitute probable cause. Loud noises or crashes in another room can also create probable cause.
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Step 3
Use the concept of "plain sight" to identify law enforcement personnel as the source for permission on a legal search. Plain sight occurs when evidence of a crime can be easily seen from outside of the property in question, instantly creating probable cause. For instance, a stolen car found in a driveway or drug contraband found in a garbage can are instances of plain sight.
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Step 4
Note that permission shifts once the owner or resident has been arrested. For instance, if an individual has been arrested at home for possession of a concealed weapon, law enforcement officers no longer have to ask permission to search the rest of the house or the suspect's vehicle, since probable cause has already been established.
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Step 5
Be aware that the standards of reasonable search and seizure are considerably lower for automobiles than for residences, since there is not the same expectation of privacy inside a car as there is inside a home.
