Seeing a police officer at your door and hearing them ask you if they can search your home is a stressful and potentially frightening experience. It’s critical that you know your rights if that situation happens to you.
One thing that’s important to remember is that you don’t have to let police officers in to search your home unless they have a search warrant. Without a warrant, they can only search in limited circumstances, such as if you provide them with permission.
What’s the purpose of a search warrant?
A search warrant is a document that gives police officers specific information about what they can search for in a location and where they’re allowed to search. In order to be valid, it must have information about the search and evidence, and it must be signed by a judge or magistrate.
When don’t police officers need a search warrant?
There are a few exceptions to the search warrant requirement. This includes permission from someone with the ability to provide that. It also includes a search that’s incident to an arrest or if the officer is in hot pursuit of a person suspected of a felony.
Police are allowed to gather evidence if it’s in plain sight from a place they can lawfully be. For example, if there’s cocaine on the living room table and police can see that from the open front door, they can seize it.
Any evidence that’s gathered illegally can’t be used in a case against someone. If this is an issue in your case, consult with someone who’s familiar with applicable laws so they can assist you with determining how to proceed.