November 6, 2015
Courts recognize and respect the privacy of personal property, which means there are limitations on whether police can search a home. Unless they are responding to an emergency, the police are not allowed to enter a home without a warrant or consent. Yet, despite the protection the law provides, police still might enter a home, collect evidence, and possibly detain residents in some cases. Remember that you have no obligation to consent to law enforcement entering your home if they do not have a search warrant. Simply say, “I do not consent to a search.”
Search Warrant Requirement
If the police ask to search your home, you should deny their request unless they obtain a search warrant. Search warrants can only be obtained if there are reasons for the search. A search warrant will prevent the police from entering your home without probable cause or a legitimate reason to believe that there is incriminating evidence inside your home.
After Police Obtain a Search Warrant
If the police have a search warrant, they can enter and search your home without your consent. You should always request to see a copy of the search warrant. The search warrant is supposed to specify the places to be searched and the type of evidence sought and the time the search will take place. If the search goes beyond those limitations, you may be able to exclude any evidence wrongfully discovered.
When the Police Search Your Home
If the police obtain a search warrant and you have inspected the warrant to verify its validity, you should comply with the officers. Arguing with the police or physically preventing them from searching the home could result in criminal charges. During the search, pay careful attention to where the officers search and any items they seize. If possible, take notes, video recording or photographs to document the search. This could be important to show the police went beyond their authority.
Contact Khonsari Law Group for Criminal Defense Attorneys
If the police have asked to search your home, or if you were subjected to a wrongful search, call the Khonsari Law Group. Their attorneys can review your situation and provide legal counsel and representation. Protect your rights and contact the Khonsari Law Group today for a consultation.