Even if you’re being investigated for an alleged crime, you have a right to privacy in your own property. You don’t necessarily have to allow the police to come inside. They may want to as part of the investigation, but it’s up to you whether you give them permission or not.
It’s important to understand how this process works, especially because the way that the police conduct their search can impact what evidence they are allowed to use in an eventual court case. Below are three ways they can enter your home.
With your consent
You don’t have to let the police into your home, but you can give them your consent if you would like. Often, the first thing officers will do is knock on the door and ask to come inside to talk to you or have a look around. You can decide if you want to give them permission to do so or not.
With a search warrant
If you don’t give the police consent, then they have to go to a judge and show that there is probable cause to carry out a search. The judge can then give them a search warrant for your home. It should specify a number of key details, such as when they can execute the warrant, where they can conduct the search and what type of evidence they are searching for.
In an emergency
In some cases, if the police genuinely believe there is an emergency, they may be able to enter your home even if they don’t have a warrant and do not have your consent. Examples of potential emergencies could include pursuing an active suspect, trying to prevent evidence from being destroyed or believing someone in the home is in danger.
If the police violate your rights and perform an illegal search, they may not be able to use any evidence they find if your case goes to trial. Be sure you understand all of your criminal defense options at this time.
