A police officer is conducting a criminal investigation. For some reason, they want to talk to you. Perhaps they believe you were involved in some way, so you’re a person of interest. Even if you’re not a suspect, they’re still conducting interviews and gathering evidence.
As part of this, the officer comes to your house and asks if they can come inside and talk to you while they take a look around. Whether or not you have anything to hide, the idea of allowing the police into your house may make you uncomfortable. This is understandable and true for many people.
That’s why it’s so important to remember that you do not have to give police consent to enter your house just because they ask for it. You do have a right to deny them entry to your home. They may try to pressure you or manipulate you, but they can’t override your rights.
Are there any exceptions?
There are some exceptions to the rule about consent, such as if it’s an emergency. If the police are in hot pursuit of a suspect, for instance, they may claim they never had time to do anything but give chase.
But the main exception that they use is when they get a search warrant. If a judge issues a warrant authorizing the police to search your home, they can come inside, even if you don’t give them consent. It’s still wise to ask to see the warrant. Not only does this prove that the officer actually has a warrant to begin with, but it may also describe what the police are looking for, where in the home they are allowed to go and what address they should be at.
If you find yourself facing arrest, then it’s time to start looking into all of your criminal defense options.