In general, police officers do not have the authority to enter a person's home or other private property without their consent. They can, however, enter without a warrant if they are in close pursuit of someone who the police suspect has done or tried to commit a major crime, or if they are investigating a significant crime. The police may also enter a home without a warrant if there is no one available at the door to object, such as when everyone is asleep. In that case, it is possible that the police could search the home.
However, even if the police have legal authority to be on your property, what they find during their search does not automatically become admissible in court. For example, if evidence is discovered during an illegal search, it cannot be used in a criminal prosecution. To be admitted into evidence, the police would have to get a new warrant specifically authorizing them to search for evidence related to the crime with which you are charged. Even then, the original evidence would still need to be suppressed at trial; it would not simply go away if we ruled against the police.
It is important to remember that a search implies an invasion of privacy. Therefore, before searching any property, including one's own home, officers must have either a warrant granting them permission to search your home or your consent to the search. If officers fail to obtain either, all evidence found through the use of the search will need to be suppressed at trial.
When the Police Can Uninvitedly Enter Your HomeHowever, in most cases, they will leave if you request that they do so. If the police have a signed search warrant, they have the authority to enter your home. If the police show you a signed search warrant for your property, you must once again unlock your door. They may ask you any questions regarding evidence of crime such as stolen property or illegal drugs. They may also request your consent to search your home or property including your computer.
If you deny their request to search, they can still search your home without your consent but cannot hold anything against you based on what they find. If you would like them to leave so you can get back to your life, tell them when they arrive. However, if you feel like there is danger in letting them into your home, call 911 instead.
To enter your house, cops nearly always require a warrant. Unless one of the few exclusions occurs, officers require a probable cause warrant issued by a court before they may enter someone's home. Home searches without a warrant are presumed to be unreasonable. However, there are exceptions to this rule. For example, when officers conduct a "protective sweep" of a home, they do not need to have a warrant to enter areas of the home where a person might be hiding even if they are not listed on any other paperwork filed with the court.
Generally speaking, unless an officer can show that he has permission to be in your home, he should leave. Even if you're not there, your resident or guest had better provide proof of identity and authority to be in your home before entering it. If an officer sees evidence that violates state or federal law, he has the right to seize that item. However, keeping evidence for yourself is illegal and can lead to charges of obstruction of justice or perjury if you lie about who was at your house last night.
Cops often come back to your house later. This happens when they need more evidence that what they found was illegal or when they make a mistake. If officers return to your home after you've moved out or sold the property, you don't need to let them back in.
However, there are times when a landlord is legally required to enable the police to enter or search an apartment or apartment complex. For example, when there is an emergency, the police do not require a warrant to enter a residence. However, most states have laws that provide for civil forfeiture of property used in connection with criminal activity. In such cases, the owner of the property may be able to recover it by proving that he or she had no knowledge of the crime committed on the property. If the owner cannot prove this, then the court will order the property forfeited to the state.
In some states, landlords can grant permission for their tenants or other individuals with authority over the premises to permit inspectors to enter the property. The landlord can also give consent for officers to search through personal belongings in order to find evidence of illegal activity.
In general, people who live in apartments should never give their consent for a police officer to search their home or office. Such searches can be done only with a warrant, which means that the police need to get approval from a judge before entering your property.
If you are asked by a police officer to let him or her into your apartment, please call a lawyer immediately. It is best to avoid getting involved with the police unless there is actually something wrong. They can take you to jail even if you have done nothing wrong.
Without a warrant, the police cannot arrest you at home. They can, however, arrest you without a warrant outside of your house. If the police have sufficient evidence against you, they will most likely be able to get a warrant. All things being equal, it is better for you if they can't get a warrant.
In general, you should let the police enter your house when they have a valid reason for doing so. For example, if an officer sees blood in the driveway and believes that someone has been injured, he or she may need to enter your house to check on the person's condition. Even if you don't give permission for the officer to enter, such as by locking the door, the officer can still go ahead and enter if there is no one at home. The police can also use pretext calls to get into your house. For example, an officer may call and say that they are from the electricity company and that they need to turn on some lights in your house. This would allow the officer to come into your house even if you aren't home.
You should not let the police into your house if you know that they did not receive a warrant due to privacy concerns. For example, if an officer shows up at your door without a warrant due to the fact that your roommate told them that you had a gun, you should not let them into your house.
You are not required to open the door unless there is an emergency or the police officer has a search warrant. You are also not required to speak with the police or answer any inquiries. If the officer requests to enter and search your house, it is typically because the officer lacks sufficient evidence to get a warrant.
However, if you refuse to let the officer in or search your home, you can be charged with obstruction of justice. The crime level for this offense is dependent on what type of investigation the officer is conducting; it can range from a misdemeanor to a felony. For example, if the officer is looking for evidence of criminal activity, such as drugs, guns, or stolen property, then the offense will be classified as a felony. On the other hand, if the officer is just wanting to talk with you about something that happened at your residence but cannot find anything illegal, then the offense will be classified as a misdemeanor.
It is important to remember that even if you do not know who owns the home or why the officer is at your door, you cannot deny them entry into your own residence. They may have a fake name and badge, but that does not make what they are asking you to do any less unlawful.
If you have been accused of obstructing an officer, it is important to contact a skilled defense attorney immediately after being arrested.