If a police officer asks you for consent to come into your house and perform a search, and you give them that consent, then they’re allowed to do so. Often, when the police want to talk to someone, they’ll ask if they can come inside, rather than talking on the front steps. They’re hoping that they will get consent, which could lead to the discovery of evidence in plain sight.
That being said, homeowners are not required to give this consent. Someone would fully be within their rights to tell the police that they can’t come inside their house because it is private property. If this happens, there are still two ways that the police can enter and search the home.
Claiming it is an emergency
First of all, the police sometimes may claim that there’s an emergency. Maybe they were chasing a suspect who recently entered the home. Maybe they think there’s evidence in the home that is being destroyed. Perhaps they identified a threat to the public. The police can use an emergency as an excuse to enter, showing justification for it after the fact.
Getting a search warrant
But the most common thing that the police will do is to go to a judge and get a search warrant. They just have to show that there is a reason to enter the home, despite it being against the homeowner’s wishes. Once the police have a warrant, they can execute it within the limitations of that warrant. It will usually direct them regarding exactly where they can search and the type of evidence they should find.
After the police center your home, you may find yourself facing legal charges. You should understand all of your criminal defense options at this time.
