When the police want to enter your home to perform a search, it’s important that they do things correctly. Remember that illegally gathered evidence can’t be used in court due to the fruit of the poisonous tree doctrine. The police do have to follow the right procedures when conducting a search or gathering evidence.
As such, it’s important to know when and why they can enter your home. Here are three situations where they could do so.
1. It’s an emergency
To begin with, an emergency scenario often allows the police to enter a home quickly. They may say that someone in the home was in danger or that evidence was being destroyed. They may be in hot pursuit of a suspect. If they can show that this is true, then they can force their way into the house.
2. They get your consent
Next, the police can enter your home if they get your consent to perform a search. Often, the first thing officers will do is just knock on the door and ask if they can come inside. It makes their jobs easier if they get consent, but remember that you are not obligated to provide it.
3. They have a search warrant
Finally, if the police have an official search warrant from the court, then they can enter the house – even if it’s not an emergency and they don’t have consent. However, if they tell you that they have a warrant, you may want to ask if you can read it. Warrants can come with certain instructions, such as specifying what evidence officers are searching for or exactly where they can look on your property.
Are you facing arrest after a police search? Be sure you know about all the defense options at your disposal.