In many situations, it’s illegal for police officers to enter your house without permission. Even if they want to come in and talk to you, they have to ask for your consent. You don’t have to give them that consent, and they can’t force their way into the house just because they are in a position of authority.
So when can they come inside?
1. With your consent
The first thing they will likely do is ask for your consent to enter the house. Some homeowners believe they are obligated to give consent, so they simply do it whenever they’re asked. The police are probably hoping you will make this mistake if they don’t have another reason to enter. But even if you don’t give them consent, here are two reasons why they may still come inside.
2. With a search warrant
First and foremost, the police can go to a judge and obtain a search warrant. They tell the judge what they want to look for in the house and provide evidence demonstrating that there’s a valid reason for the search warrant.
Remember that search warrants themselves can still be restricted. For instance, the document may say that officers can only search part of your home or that they have to look for a specific type of evidence.
3. In an emergency
Next, officers can sometimes come into the house when it’s an emergency situation. Maybe they believe evidence is being destroyed or that someone is in danger of injury or death. Perhaps they’re in hot pursuit of a suspect. If someone runs into a house to get away from the police, the police can often give chase without taking the time to get a search warrant first.
If you get arrested, it’s very important to know about all of your legal defense options. The way that the police conducted their search could play a pivotal role in your case.