When Can The Police Search Your Home?
When Can The Police Search Your Home?
If you have ever had a police officer knock on your door, you know the first thing you likely feel is anxiety, whether or not you did anything wrong. TV shows often show police officers trying to circumvent procedure and go into a house without a warrant or make it more dramatic as they wait for a warrant. But what happens in real life? What if you are not home but someone else invites the police officers? If a police officer asks to come into your home or search your property, it is best to know what laws there are surrounding search warrants.
Which side does the law favor?
The law favors the side of the civilian when it comes to search warrants. A court will likely not look favorably on a police officer who barges into someone’s home when they do not have a warrant. Unless they had reasonable suspicion to come on the property, they must have a warrant or anything they find could be thrown out as evidence.
When do police officers not need a search warrant?
There are limited exceptions to the search warrant rule. If you consented to a search, police officers do not need a search warrant if you said it was okay for them to come onto your property and take a look around. There are times that this can be contested, however, and you need to know who has the legal right to authorize the police to search your property.
- You have a roommate. In this scenario, a roommate can give police consent to search common areas and the roommate’s personal bedroom. However, your roommate cannot properly give consent to letting the police search your personal bedroom.
- You are the property owner. If you own the property or have authority over the property in some way, you can give police officers consent to search the property.
- A child gives consent. This situation is a little trickier. In certain circumstances, an older child who may have more authority over the home than a younger child may be able to give consent to police officers when it comes to searching the home. A less responsible, younger child may not be able to give proper consent and police officers may need to come back with a warrant.
If police officers have searched your house and you believe that they did not have the proper warrant or authorization, it is best to speak with an attorney like a criminal defense attorney from a law firm like The Morales Law Firm.