If the police knocked on your door, would you let them in? Many people would let law enforcement into their homes, and doing so can lead to criminal charges. The police could search a home and collect evidence to use against someone in court.
People can refuse to give law enforcement permission to enter a home. However, the police can enter a residence if they have a search warrant. Here is what you should know:
What is a search warrant?
The police cannot simply barge into a person’s home. In most cases, they need to get a search warrant. A search warrant is a legal document that is, typically, granted by a judge if there is reasonable belief of a crime committed at a location.
This document allows law enforcement permission to enter a home or search a property under specific terms. These terms would specify the time and location of the search and the items that could be seized, such as drugs or weapons.
How else can the police enter a home?
There are exceptions when law enforcement can enter a home, such as if they were given permission. A search could be conducted if the police performed a lawful arrest or if there was probable cause of a crime or endangerment to a person’s safety.
What happens to illegally obtained evidence?
The police may violate a person’s legal rights under the Fourth Amendment by performing an unreasonable search and seizure. Evidence obtained during an unreasonable search and seizure may be dismissed in court. When this happens, the defendant could have their case dismissed because there is not enough evidence for criminal charges. Professional legal guidance can help in these situations.