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When are police allowed to enter your home?

On Behalf of | Feb 23, 2021 | criminal defense |

Having authorities pound on the door of your home or apartment may make you anxious and nervous. However, keeping your cool in such a situation may help you avoid unnecessary legal trouble. You maintain certain rights when law enforcement officials want to search your property. Understanding what these rights are and when they apply may benefit you during your interactions with the police. 

While authorities who stop your vehicle need one of three things to search the car – your consent, a warrant or probable cause – you have more of a right to privacy when they want to search the place you live. 

When authorities need a warrant

Simply put, unless the law enforcement official who arrives at your door has a warrant in his or her hand, you do not have to open the door and allow the search to take place. Once you let officers into your home, anything visible to them has the potential to land you in trouble. In the absence of a signed warrant, though, you have no obligation to allow the search to move forward. 

Tips for interacting with authorities

You have the option of not opening the door at all when a law enforcement officer knocks as long as that officer does not have a warrant. You may decide to ignore the officer who comes to your home, or you may decide to speak through a chain lock or a closed door to inquire about why he or she is visiting. If you decide not to let the officer enter without a warrant, say so, but be polite and courteous when doing so. 

Knowing your rights is an important part of interacting with authorities. However, regardless of circumstances, it almost always pays to stay calm and treat the officer on the scene with respect.