To conduct a search of your home, the police need to have a valid reason to enter. If they do not, it could be an illegal search. Even if they find evidence against you, the fact that it was illegally gathered may mean that it has to be excluded from court.
As such, it is very important to understand police procedures. Below are three ways that they can enter your home to carry out their search.
By gaining your consent
To start with, they can always ask you for consent. You have no legal obligation to provide it to them. You can say no. But if you give them consent, then they can enter your home.
By getting a search warrant
Without consent, the police will typically seek a search warrant. They go to a judge, present probable cause and the judge issues a warrant for your property.
It should typically tell the police important details like what property they can search, where they can look, when they can enter your home and much more. With an authorized search warrant, they no longer need your consent.
In an emergency situation
There are also rare cases where the police are carrying out emergency procedures, meaning they may not have time to get your consent or a search warrant.
They could be in hot pursuit of a suspect, for example, who just entered the property. They may think there is a danger to the public or that evidence is being destroyed, meaning they have to act quickly.
If the police do search your property and find evidence, it is crucial to determine that they did so properly. Make sure you understand all of your legal defense options as your case moves forward.