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Protect Your Rights: A Police Officer Almost Always Needs a Warrant to Enter Your Home Without Permission

May 29, 2017

Protect Your Rights: A Police Officer Almost Always Needs a Warrant to Enter Your Home Without Permission

Having the police show up at your home unannounced can be terrifying. Too often, at Chambers Law Firm we see citizens simply letting them in because they feel that they’re required to or that they’ll look guilty if they don’t. the truth is that in almost all situations, unless a police officer has a search warrant, you do not have to let them in and you’re under no obligation to even speak to them. In fact, you don’t even have to open your door. Read on to learn more and then contact us at 855-397-0210 for your free case evaluation.

The Fourth Amendment offers you a wealth of protections

According to the Fourth Amendment to the United States Constitution, you have the right to be safe from unreasonable searches and seizures. The key here is that searches must be reasonable, and if they’re not then they can’t be used against you if you’re charged with a crime. However, if you consent to the police coming in, then whatever they find can be used.

There are a few exceptions, such as emergencies, but for the most part they need either a warrant or your permission. At Chambers Law Firm, we always recommend that you speak to your attorney before agreeing to any search. Even if you don’t have anything to hide, there’s nothing to gain by allowing them to search your home.

We advise you to stay inside unless the police have a warrant

If you want maximum protection from the law, then your best bet is to stay inside. When the police are at your door, unless they have a warrant, they have no more rights than any other citizen. You’re not obstructing justice by staying inside – you’re practicing your constitutional rights.

If you do want to speak to the police, step outside and close the door as soon as you’re outside. Why? Because if the police happened to see something that they believed was illegal in your home, then they can legally enter, search it, and seize whatever they think is evidence of a crime.

There are very few situations in which a police officer can enter without a warrant or your permission

The law states that the police can enter your home without your permission if there are “exigent circumstances.” This refers to an immediate emergency that requires the police to enter. For example, if they believed someone was being held hostage in your home, that there is someone in the home who’s armed and dangerous, or if they’re responding to a call about domestic violence.

If the police show up at your door unannounced and there is no emergency going on, trust us when we say that you can say no to them. Simply tell them that you don’t consent to their search and that you’re calling your attorney. Then reach out to Chambers Law Firm at 855-397-0210 for your free case evaluation.

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