When can an officer legally enter my home?

On Behalf of | Aug 16, 2018 | Criminal Defense |

The Fourth Amendment protects our homes against unreasonable searches. So, in summary, your rights stand unless an officer has a warrant based on probable cause. But what happens if an officer enters your home without one?

What is a warrant?

A warrant is basically a legal consent, signed by a judge. This order allows police to search a specific location at a specific time. Before a judge gives the thumbs up, the police need to prove there’s a solid reason to search a place. Usually, someone committed a crime, and they have a hunch that evidence is lying around at this spot.

Officers only have legal access to whatever the warrant specifies. If the warrant says they can search the house, then that doesn’t justify a car search in the process.

Are there exceptions?

It’s true. Police don’t always need warrants. For example, an officer might knock on your door. They ask to come in, and you agree. They don’t have to inform you that you have a right to refuse a search. This is a common mistake people make, especially when the household has multiple tenants.

Secondly, there’s the plain view doctrine. An officer can search a home if they see criminal activity happening outside. For example, if an officer sees someone performing an illegal act in the yard, they can search the house.

In addition, a police officer may see that there’s an immediate danger. Public safety is a top concern. For example, a person inside is injured. The officer has a right to enter and help.

You still have rights

It’s easy to see how your rights can be overshadowed by various situations and scenarios. Search and seizures happen every day. Each one is not always legal. You can refuse a request, although you should cooperate with the investigation. You can also ask for police identification and a reading of the warrant. If you believe your home or car has been searched illegally, it’s important to seek legal counsel immediately.


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