There are three general ways that the police can enter your house. The first is if they ask for your consent and you allow them to come inside. If they don’t have your consent, their second option is to get a search warrant.
That said, there are also emergencies in which police officers may be allowed to enter your home and perform a search. If your case goes to court, they must later show that there was a genuine emergency. But if there was, they can argue that they didn’t have time to get a warrant, making the search legal even though they didn’t have the correct paperwork or your consent. What type of emergency may allow them to do this?
Pursuing a suspect
One example is if they’re in pursuit of someone they believe is a suspect in a crime. If that person is fleeing from the police in their vehicle, for instance, and then stops and runs into a home, the police can still pursue them into that building.
Danger to the public
Another example is if the police believe there’s a danger to people within the home or to the general public. For instance, if they hear gunshots from inside a house, they don’t have to wait to get a search warrant before going inside.
Destruction of evidence
Furthermore, the police may be able to enter the house if they think that evidence is being actively destroyed and there isn’t time to get a warrant because the evidence would be lost. They can hurry in to secure and preserve the evidence, ensuring that they still have a case.
It’s very important to carefully consider how the police gather evidence, especially if you believe they may have violated your rights. Be sure you know what legal defense options you have when facing charges.
