It can be difficult to know how to handle encounters with the police if you haven’t had much experience with this. What if you hear a knock at your door and see one or more police officers waiting outside.
One reason they might be there is because they want to come in and search your home. Are you obligated to let them do so?
Do they have a valid search warrant?
If the officers have a valid search warrant, then they have the right to enter. They can either do so by you opening the door, or by busting the door down– it’s your choice.
Before you rush to open the door, however, check that the warrant they have is valid. Any errors, such as the wrong name or address or the lack of the judge’s signature, will invalidate it, which means they can’t enter without your permission — at least not until they get the warrant corrected by a judge. If the name and/or address are wrong, they may be at the wrong place.
What if they don’t have a valid warrant?
Officers can enter without a warrant and without your permission, but only in specific circumstances, such as:
- If they are in pursuit of a criminal: If the police have good reason to believe a suspect they were chasing has entered your property, they typically have the right to enter, without your permission or the need for a warrant.
- If they believe it necessary to protect evidence or a person: The police can barge their way in if they feel it necessary to do so immediately to prevent harm to someone or to evidence.
- If they can already see evidence: For example, if you open the door and the police can see what looks like drugs on your hallway table in “plain sight,” this may be enough to justify entering and taking it as well as other evidence.
You may not agree the police had the right to enter or search your property prior to making an arrest. If this is the case, it’s wise to get legal guidance to help protect your rights.