Many people have reverence and / or fear of the police. If a police officer shows up at their door and asks you to let them in, do you have a legal responsibility to do so? Many people let them in simply because they don’t think they have a real option. They do. There are certain circumstances under which the police can enter your home without permission but the vast majority of the time you are completely under your rights to refuse to let them in.
In fact, federal law protects you from even having to talk to the police. If you have police asking you questions or asking for access to your property, you should always talk to a criminal defense attorney first. Read on to learn more and then reach out to Chambers Law Firm at 714-760-4088 for additional help.
Under almost all circumstances the police must have a warrant to enter and search your house
The Fourth Amendment to the Constitution is clear that you have a right to be safe against unreasonable search and seizure. As a result, the police can’t simply come in your home without a warrant. If they do search your home, then that search must be “reasonable” and if it’s found not to be, then the evidence they found will not be admissible in a criminal case.
All of that said, remember that if the police ask to come in and you invite them in and consent to them searching your home, then anything they find is admissible. This is why you should never agree to let them search without a warranty. Even if you feel that you’ve committed no crime and done nothing wrong, nothing good can come from a search of your home.
The police have no more rights at your front door than your neighbor would
Unless there’s an emergency, the police cannot intrude in your home. Think of this this way: They can’t do anything more than your neighbor could do. Staying in your home and refusing to answer the door is not obstruction of justice – it’s your right under the United States Constitution. If you do feel you want to talk to them, then step outside and close the door behind you. If they were to see anything illegal – or anything they perceived as illegal – while the door was open, they’d legally be able to search your home.
The police can enter if there are “exigent circumstances”
There are two ways the police can legally enter your home. First, if you give consent. Second, if there is an immediate emergency that requires them to get into your home without a warrant. For example, if they have reason to believe that someone is being held in your home as hostage or if they’re responding to an emergency domestic violence call and must enter the home to prevent injury.
There are many reasons the police may want to enter your home and very few reasons you should allow them to without an attorney. If you’ve been put in this situation, contact a California law team who can take it from here.
