Someone’s home is their castle, and they deserve to feel safe in their residence. People can enjoy privacy within their own homes and should not have to worry about other people gaining access to the property without their consent.
Of course, there are certain limitations on the protection of private residences. Sometimes law enforcement professionals can demand access even without someone’s permission. When police show up at someone’s front door, they usually need to obtain consent or present a warrant to gain access to the property. But, in a few situations, the police can force their way onto a property without prior authorization. For example, the following circumstances might justify officers demanding access to private property.
In hot pursuit of a criminal
One of the circumstances in which police officers can access a home without permission or a warrant is when they pursue someone from another location after the commission of a crime. A criminal entering a yard or going into a home would give police officers justification to force entry to a property if they cannot gain access consensually.
Ensuring the safety of a third party
Sometimes, police officers arrive at a location because someone has called to report what sounds like domestic violence or similar issues. If officers hear sounds of distress, they can take immediate action to protect someone from current or impending criminal activity. When the circumstances give officers reason to believe that someone is in immediate danger, officers can access private property immediately to intervene for that person’s protection.
When there is probable cause
Assault and other crimes against a person are not the only types of criminal activity that could justify officers immediately accessing a property. If circumstances give an officer probable cause to suspect criminal activity, including signs of drug use or illegal weaponry, then officers may have the probable cause necessary to enter and search the property without a warrant or permission.
In most scenarios, those living at a property can refuse to grant officers access to a residence unless the officer has a clearly articulable suspicion of criminal activity. In scenarios where someone accused of a criminal offense believes that law enforcement professionals violated their rights, they may be able to leverage those allegations as part of a broader criminal defense strategy.
