Most of the time, police officers are not able to enter your home except under specific circumstances. The first thing they’ll look for is consent. An officer who wants to look around or even have a conversation with you may simply knock on your door and ask for permission to come inside. You don’t have to provide consent, so you can easily keep them out of your house.
The second way police can enter your home is with a search warrant. If you don’t provide consent, an officer can go to a judge and obtain a warrant. They can then execute this warrant in accordance with its terms—for example, it may specify dates on which the search can be performed or particular parts of your home that can be searched. Police don’t need your consent if they have a search warrant.
Emergency situations create exceptions
One thing to keep in mind is that police do have a limited ability to enter your home without a warrant or consent if they believe there’s an emergency.
An example could be if they’re in hot pursuit of someone who ran into your house, so there’s no time to obtain a warrant. Another example could be if they believe evidence in your home is being actively destroyed, requiring immediate action. Furthermore, an emergency might exist if they hear gunshots or believe someone inside the house is in danger.
It’s important to remember that police officers will have to justify their actions after the fact. If they perform a warrantless search, they must show that there truly was an emergency and that they did not violate your rights.
This can become contentious, as you may believe the search was illegal and that you should never have been arrested. This can be a major component of your criminal defense, so be sure you know what steps to take.