Can the police ever search your home without a warrant?

| Jan 31, 2019 | Firm News

If you get a knock on your door only to find out you are confronted by police officers, there is no reason to be intimidated or stressed. In this situation you have rights to protect you from an unauthorized search of your home.

Do the officers have a search warrant?

Officers need to provide you a valid and signed search warrant to be able to have access to your home and legally search and seize any evidence. Officers will need to obtain a search warrant by convincing judge they have probable cause or a reasonable belief that the search will reveal a crime taking place. However, if you are not presented with a search warrant, you have rights to not allow the officers from entering your home.

There is one way officers can enter your home legally without having a search warrant, if you give your consent for them to enter. If you invite officers into your home, though they may not begin opening drawers or overturning cushions on your couch to look for evidence, if they can see illegal items out in the open or in plain view, they can seize the items for evidence that can lead to your possible arrest.

Determine a reason for the visit

The officers may be at your door for a reason that pertains to a legal matter in your neighborhood or with a neighbor. You may be asked about seeing certain vehicles or hearing anything unusual during certain parts of the day. But the officers may also suspect that there may be illegal activity coming from your home and may want to investigate. Even though they may not have a search warrant, they may just want to explore around your home to see what they can find out. You are under no obligation to speak to the officers and if they do not have a warrant, you can end the conversation immediately.

Do not allow access to your home

Officers can gain access to your home without physically going in. If you open a door or a garage door to greet the officers, they will be able to view into your private home to look for illegal activity. You can always go out a side or back door and meet with the police away from your home without accessing the door they are knocking at. You can also just speak to the officers through the door to see what they want, you do not have to open the door unless they tell you they have a warrant to search the home.

It is through the Fourth Amendment of the United States Constitution that gives you protection from any invasion or entry into homes or any other private searches. This means both your body and your home cannot be searched or have property seized without a warrant based on probable cause.