When can the police search my home?

| Nov 29, 2018 | Firm News

Going to the door of your home and finding police officers standing there can be a startling and stressful situation. For many people, their natural instinct when being question by officers is to try and assist them in any way that they can. But what if they ask if they can go into your home and look around? What should you do in a case like that? You may wonder if they can even come in to look around without a warrant. In situations like this, the fourth amendment is in place to protect you from unauthorized searches from police officers.

What is the Fourth Amendment?

The Fourth Amendment gives all citizens protection against any unwarranted search and even the seizure of property. Unless police have a valid warrant, they are unable to gain access to your private property, most notably, your home. But it is not just needing a warrant, before acquiring a warrant, the police officers need to have a reason to conduct a search.

Searches without a warrant

There are times that a police officer can search your home without first providing a search warrant. Here are those exceptions:

  • The police get your permission – As stated at the beginning of this article, if the police ask if they can enter your home to look around and you allow it, then it is not violating your fourth amendment rights. Bypassing a warrant this way means the officers do not need to come up with a probable cause to secure the warrant. However, just by letting a police officer in your home does not mean they can look anywhere they want. You can place limits on where and what they can look at.
  • The police can see something – If the police can plainly see illegal activity taking place inside your home, they can use this as justification to enter the property and investigate.
  • Arrested at home – If you are arrested at your home, the police can search the area for any accomplices, evidence or weapons. Without this immediate access, there is a chance that importance evidence could be destroyed or removed before a proper search warrant could be obtained.
  • If there is an emergency – If there is an emergency where the life of someone is in grave danger, the police can use this as an exception to enter your home. For example, if the police hear gun shots from inside the home or if a life and death pursuit will depend on the officers entering the home.

If you are confronted with police officers at your front door, you are not required to let them in for a search if they do not have a warrant. You are protected from police searches and seizures with the fourth amendment and you cannot face consequences for refusing access if the police do not have a warrant.