Does probable cause serve as a warrant on a crime scene?

[bernd]

Like if a kid calls the cops on his dad, does that call serve as a warrant giving the police to right to trespass on his property and kick down his door?

I asked because during the BPAD (did it last week during the recruiting process) I was shown a few scenes that I needed to respond to and they recorded my reactions.
Scene 1: This guy was on his porch with a shotgun yelling out threats so I told him to take it easy and drop his weapon. This other guy who took the BPAD the same day as me said he shot the guy...lol. And this other guy said he trespassed and put the guy under arrest.

I found out I passed my BPAD today so I guess I did the right thing by talking to the guy and not trespassing on his property. Technically VA is an open carry state so he has a right to walk around his porch with his gun shouting and screaming. So thats why yelled at the screen "Please sir you need to lower your weapon so I can talk to you. No one is hear to take away your rights from you but I wanna know whats going on so I can help out"
I seriously thought I was gonna fail the BPAD by going soft in that one scene.

Do you think what I did was smart? And also if I really became a cop could I seriously hop his fence or just shoot him although he was on his property in an open carry state? Guess I will learn all this if I make to the academy anyway

Thanks

BTW there is a rumor going around that this guy who took the BPAD last year shot everyone in the video in all the scenes...lol. Luckily they make us take that at my department, some cops are just crazy.

[shadrach]

Probable Cause is grounds to get a warrant but is not a warrant. However, an officer can investigate the crime without a warrant in most cases. The complexities of when a warrant is required are too complicated to explain on here.

I will sum it up like this, recent crime against a person does not require a warrant. Property crimes may require a warrant. Crimes that are older usually require a warrant. Crimes where the evidence is not in plain view of the officer require a warrant.

When in doubt, we always get a warrant. When invetigating a crime like murder we get warrants too.

In your scenario you did the right thing.

[teithi71]

A warrant is only issued by a judge after he has reviewed the officers probable cause described in his sworn affidavit. The needed bench mark for a warrant is a "fair probability" that evidence of a crime may be found at the location described by the affiant (officer).

Yes, you did well.

You can only shoot if your life or the lives of others (or serious bodily harm) is imminent and you have no other alternative but to use deadly force.

An officer could hop the fence to obtain a better tactical position to address the issue (and this incident is an issue that cops need to address). But unless he has actually broken the law, such as disturbing the peace, you can't arrest him.

Good luck!

[baigh]

This is gonna vary on the situation. If the officer believes someone is in danger, and has probable cause on this, he does not have to wait for a judge to sign a warrant in all cases. This is also gonna vary state by state. Best advice, check your yellow pages for a lawyer offering free consultation and see what they tell you.