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 without a warrant if there is no one available to give consent for a search.
However, police officers do have the right with a warrant to search any location, including our homes, businesses, and vehicles. They can also seize evidence that is in plain view during this search. If an officer enters your home without a warrant, you have the right to deny them entry. However, they can use physical force to enter if they believe it is necessary to prevent death or serious bodily harm.
Additionally, an officer can search areas of our home where we have a reasonable expectation of privacy even if we aren't present if they have probable cause to believe that evidence of a crime will be found there. For example, if an officer has reason to believe that a drug dealer's apartment building keeps drugs in its common areas which all its tenants can access, then the officer could go to a judge and get a warrant allowing him to search the entire building. When the police come to your home, they should always tell you what rights you have under law.
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, police can search you and your property at any time, as long as they have reason to believe that you may be involved in criminal activity. This includes searching through your personal effects such as letters, papers, and bags belonging to others or located in common areas of the house such as hallways or lounges.
However, police cannot search you or your property if there is no reason to suspect you are involved in criminal activity. For example, an officer would not be able to search your home just because he/she wanted to go through it to see what was inside without having a specific reason for believing that you had placed something illegal inside.
In addition, police cannot base their decision to search you on merely associating you with another person suspected of criminal activity.
Currently, police officers may enter a building without permission only if they are arresting someone, investigating an arrestable offense, or executing out a search warrant. Generally, police cannot enter a home or business without a warrant. For example, if you have given your consent to search, then the police can enter your home or office at any time.
In addition, if an officer has "reasonable suspicion" that a crime is being committed in their presence, they can also make an "investigative stop" of that person. Reasonable suspicion exists when an officer observes unusual conduct which leads him to believe that criminal activity may be occurring. This could include making eye contact with someone who does not know the officer, walking fast through a neighborhood, or entering a vacant apartment. If reasonable suspicion exists, the officer can stop the person for questioning even if there is no probable cause to arrest them yet. Further, if an officer has "probable cause" to believe that a crime has been committed, he can search anyone within the area of his authority- including your home- regardless of whether you were involved in the incident or not.
Finally, police can enter a home without permission if there is an emergency involving danger to life or property.
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 also have "no-knock" provisions in their burglary statutes that allow for nighttime entry by police officers without first knocking and announcing themselves. In such cases, the officer does not need to show probable cause that a crime has been committed; rather, the officer needs to only reasonably believe that someone is in danger. These provisions were designed to prevent violence and unnecessary injuries to residents during home invasions by allowing officers to enter quickly when there is evidence of an ongoing crime scene.
In addition, some states permit searches of apartments without a warrant if both the owner of the apartment and any person present with authority to give consent allows the search. Again, this provision is meant to allow officers to conduct quick, on-the-spot checks of apartments when there is reason to believe that someone may be in danger. It should be noted that not all landlords will consent to a search of an apartment, so if an officer cannot obtain permission from a landlord to search an apartment, they will not be able to do so.
Finally, under certain circumstances, an officer may search an apartment without a warrant even if the owner does not consent.
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 not to fight an arrest because it will only make it more difficult for them to release you.
If you are arrested on suspicion of a crime, you should be taken immediately before a magistrate or other judicial officer. If possible, find out what kind of hearing is held early in the day, when people are still sleeping off their night of drinking. This will help you decide what time to get up for your own hearing.
The first thing you should do after being arrested is call a lawyer. Even if you think you can handle this yourself, it's best to have someone with experience defend you. The police may use any information they find during their search of your house to build a case against you. Having a lawyer present will ensure that this information isn't used against you.
After you have called a lawyer, you will need to contact your employer or school to tell them what has happened and to ask them how you can go about getting released. You do not have to say why you were arrested, but they may not be able to help you if they don't know what charge has been brought against you.