A police officer comes to your home, knocks on the door, and asks to come inside. They are polite but firm. It is clear to you that they expect you to let them into your house, and you know that police officers do have a position of authority in modern society.
Many people assume this means that they have to let the police into their home and that they do not actually have a choice. But is that true? Are you obligated to let an officer come into your house to perform a search, ask you questions or simply take a look around?
Does the officer have a search warrant?
If the officer has a search warrant, then that authorizes them to come into your home. The warrant has already been given by a judge who has decided that there is probable cause for a search of the premises. The officer may have shown evidence that a crime has been committed or that there is crucial evidence inside the house.
But if the officer does not have a warrant, except in some emergency situations, then they still need to get your consent. They cannot just force their way into your home and look around if you refuse to allow entry. If they do, then it is an illegal search, so they cannot use any evidence that they find in a potential criminal case.
Your defense options
It is important to understand how the police can conduct searches and what it means for your case moving forward. Be sure you are well aware of the defense options at your disposal if you are facing charges.
