The police are revered and/or feared by many individuals. Do you have a legal obligation to let a police officer in if they arrive at their door and ask you to do so? Many people allow them in because they don’t believe they have any other choice. Yes, they do. The police can enter your house without your consent in specific instances, but the great majority of the time you are perfectly within your rights to refuse.
In fact, federal law shields you from having to speak with the cops. If police are questioning you or requesting access to your property, you should always consult with a criminal defense lawyer first. Continue reading to discover more, and then contact Chambers Law Firm at 714-760-4088 for assistance.
A warrant is nearly always required for the police to enter and search your home
The Fourth Amendment of the United States Constitution states unequivocally that you have the right to be free from unreasonable search and seizure. As a result, the cops won’t be able to just walk into your house without a warrant. If they do search your house, the search must be “reasonable,” and if it isn’t, the evidence they find will be inadmissible in a criminal proceeding.
All of this being said, keep in mind that if the cops arrive to your door and you welcome them in and consent to them searching your home, everything they discover is admissible. This is why you should never give them permission to search. Even if you believe you have committed no crime or done anything illegal, a search of your home could have a negative outcome.
At your front door, the cops have no more authority than your neighbor
The cops cannot enter your home unless there is an emergency. Consider this: They can’t do anything more than your next-door neighbor. Staying at home and refusing to answer the door is not an act of obstruction of justice; it is your constitutional right.
If you feel compelled to speak with them, walk outside and shut the door behind you. They may legitimately search your house if they saw something unlawful – or something they thought was criminal – while the door was open.
If “exigent conditions” exist, the police can enter
The cops can lawfully enter your home without a warrant in two ways. First and foremost, if you consent. Second, if they need to enter your house without a warrant due to an acute emergency. For instance, if they have grounds to suspect that someone is being held as a hostage in your home, or if they’re responding to a domestic violence emergency and need to enter the house to avoid injury.
There are a variety of reasons why the police might want to enter your house, but only a handful of them warrant allowing them to do so without an attorney present. If you find yourself in this scenario, call a California legal firm to help you. You can reach Chambers Law Firm at 714-760-4088 now.
