The police may want to search your home or other private property in the course of an investigation. Maybe you have been accused of theft, and they are looking for stolen goods.
But if the police arrive at your house and ask to come inside, what are your rights? Do you have to let them in simply because a police officer is in a position of authority in society?
Consent and search warrants
First and foremost, when the officer asks to come inside, they are hoping that you will give them consent. If you do, then they can legally enter and perform a search of your property, and evidence that they find can be used in court.
If you do not give them consent, though, then they need to have a search warrant. It is important to remember that consent is not an obligation. You are certainly within your rights to tell them that they cannot come inside until they get a warrant. If they conduct an illegal search, that could invalidate the evidence that they find, so it cannot be used in the case against you.
Some emergency situations do allow for property searches without a search warrant or consent. But the police officer will be obligated to show in court that there was a valid emergency, such as danger to the public, the active destruction of evidence or the fact that they were in pursuit of a suspect who entered the property. In other words, they have to demonstrate that time was of the essence and there was no way for them to get a search warrant in advance.
Your legal defense options
It is very important to know what defense options you have when facing charges, especially if you believe that the police may have violated your rights or performed an illegal search. Take the time to carefully consider what steps you should take moving forward.