Police have been trained to execute their actions with confidence and directness in order to maintain the appearance of their authority. Because of this, many people become nervous, or even frightened when they have to interact with police. People sometimes give their consent to a search without realizing that they are giving up constitutional protections. This can lead one to comply with an officer’s request when they should actually be asserting their legal rights. In this blog, we explain your rights in when it comes to home searches conducted by police.
When it comes to entering a person’s home, law enforcement officers have the power to do so with or without a search warrant. That’s right, in some situations police can enter your home without a search warrant. Police can enter your home without a search warrant if:
- You are being arrested or if you have already been placed under arrest
- A crime is taking place
- Police feel there is a chance that a crime will take place
- You have given permission for your home to be searched
It’s important to remember that police officers can take anything as evidence if you give them permission to enter your home. When you give permission to an officer to enter your home, you should be given an explanation for why the officer wants to carry out a search of your home. Police should also inform you that you do not have to allow them to search your home.
If you are concerned that your home was improperly searched, ask yourself the following questions:
- Did the police have a search warrant when they entered my house?
- Was I ever shown a search warrant?
- Did the police take something completely different from what was stated in the warrant?
If you answered yes to any of the questions above, you should immediately consult with an experienced attorney to see if your rights have been violated.
At George Holton Yates, Attorneys At Law, P.C., we have 30+ years of legal experience. Let us put our skills to work for you.
Call (757) 785-0201 to get started on your free consultation today.