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Do the police need your permission to enter your home? 

On Behalf of | Sep 15, 2022 | CRIMINAL LAW - Criminal Defense

If a police officer comes to your home and wants to talk to you, they may ask you for permission to enter. They’re looking to get your consent to come into your house.

But you may be unsure if you’re actually allowed to deny their request. Do they need your consent, or is the officer just being polite? Since they work for the police department, could they simply come in without your permission if they wanted to do so?

Only in certain cases

There are definitely times when the police can enter without your consent, but it has to happen in a certain way. The most common way that this occurs is when they have probable cause to carry out a search. The police can then go to a judge, present the reasoning, and ask for a warrant.

This warrant will then tell them what they can look for and where they can search. The officers will conduct that search, whether they have your permission or not. You do have a right to avoid illegal searches, but the warrant overrides that and makes it legal.

There are also some situations in which an emergency is happening and the police can enter without permission. They may do this to protect people, to pursue a suspect or if they believe that evidence is being destroyed. But even in these cases, they still have to show that they had a reason to enter your home if you do end up in court.

If you believe the police violated your rights, that is going to have a major impact on your case, so be sure you understand your legal options.