What do you do when a police officer shows up at your door? Do you have to let them inside? If you refuse, will they arrest you?
These are common questions people have when dealing with the police. It can be a stressful situation, so it is important to know what to do in advance. To help, here are three different ways that police officers can enter your home.
Executing a search warrant
One of the main ways that police will enter private property is with a search warrant. But they do have to obtain this in advance. It can be a complicated process and they have to show reasonable cause to the court.
Getting consent
If they don’t have a search warrant, the police always do have the option to ask for your consent. But you don’t have to provide it, and they can’t arrest you for refusing to give them consent. In many cases, if police cannot secure consent from the homeowner, that’s when they will see if they can get a search warrant to override the need for consent.
Responding to an emergency
Finally, the police have some limited abilities to enter private property if there’s an emergency. Maybe they think someone is in danger and needs to be rescued. Maybe a suspect ran into the building while the police were in hot pursuit. If there is an emergency, the police will have to justify this action later.
Your legal options
You may find yourself facing arrest and wondering if the police violated your rights when entering your home. If so, carefully consider all of the legal defense options you have.