Legal Question in Constitutional Law in Georgia

Re: Search and Seizure in Gated Communities

They do not necessarily need a warrant, but there are many exceptions which enable them to avoid trespasser status. Certainly, a warrant is one. Permission of the property owners association is another. Investigating a resident's report of a crime is another. Yet another would be hot pursuit of a criminal, where they have reason to believe that a suspected felon they are searching for is there and there is no time to get a warrant without risking the person escaping. Yet another is any kind of public emergency (fire, etc.). Different kinds of surveillance warrants could be another. Or a terrorism investigation under the Patriot Act is still another. But, just to conduct routine patrols would normally require the permission of the association or other group or person responsible for managing the property.