The police may want to search your home as part of an investigation into alleged criminal activity. The way they do this is very important. If they make certain mistakes, it could invalidate any evidence they find, meaning they can’t use it in their case against you.
With that in mind, here are the three main ways police officers are allowed to enter your house:
1. By getting your consent
First and foremost, they can always just ask for your permission. You are not obligated to give it to them, but they can enter your home if you do. It is always important to think carefully before allowing the police inside.
2. By getting a search warrant
If you do not give them consent, the police can go to a judge and obtain a search warrant. They need to show they have a valid reason to search your home, and the judge must approve it in advance. The search warrant should specify where on the property they can look, what type of evidence they are searching for, and when they can execute the warrant.
3. In an emergency
Finally, there are some situations in which the police don’t have time to get a warrant and can enter your home due to an emergency. An example of this could be if they believe someone in the home is in danger or that evidence is being destroyed, requiring them to act quickly to preserve it.
Know your rights
Do you believe the police may have violated your rights while conducting a search? It’s important to understand all of your legal defense options as your case moves forward.