When the police come to your home and ask if they can come inside, you tell them that you don’t give them your consent. They’re not allowed to enter your home. You know that you have an expectation of privacy and that this is your right as an American citizen.
It is true that you don’t have to give your consent to the police. They may ask for it, but they can’t arrest you for refusing to give them consent, and they can’t use that as evidence that you’ve done anything wrong. You have not broken the law.
That said, there are still some ways that the police may be able to enter your home. Let’s look at two examples.
If there’s an emergency situation
First of all, the police can sometimes use an emergency as justification. An example could be if they think someone inside the house is in immediate physical danger. They might not have time to explain the situation to a judge and get a search warrant. They’ll just enter the house and claim that they did so because they’re trying to keep the public safe.
If they do this, the important thing to remember is that they have to prove that it was justified in court. If they can’t, it may mean that any evidence they gathered has to be excluded from the case.
If they get a search warrant
Secondly, the police can sometimes get a search warrant. As noted above, they need to go to a judge and show that this is justified. The warrant will then tell them what they can look for, where they’re allowed to search and if there are any other restrictions. But if they do have a warrant, even if you don’t give them your consent, they can legally enter your home.
Exploring your legal options
Are you facing arrest and wondering if the way that the police searched your home is going to impact your case? It’s very important to know what legal steps to take at this time. Please contact our law firm if you have any questions or if you would like more information.
