Police officers cannot force their way onto private property without justification. To conduct a search, they typically need to obtain a warrant. Without a warrant, police officers must either secure permission from people or have probable cause. They must be able to articulate a reasonable suspicion about specific criminal actions.
In some cases, police officers conduct searches that violate the civil rights of the people involved. When that happens, the people affected by those searches could ask an attorney to help them suppress evidence obtained as a result of the search at issue, if they face charges in criminal court.
Can innocuous sounds, such as toilets flushing inside a home, justify a warrantless search?
Police may suspect evidence destruction
People who know that there are law enforcement professionals outside their homes or places of business may take immediate actions to hide or destroy evidence of criminal activity. Their actions can prevent the state from prosecuting them for serious offenses. As such, police officers may act promptly to preserve evidence so that the state can bring appropriate charges.
The Supreme Court has affirmed that the sound of a toilet flushing could provide the probable cause necessary for a search without a warrant. Similar sounds, including a garbage disposal or paper shredder running, could also indicate attempts to destroy evidence that might justify immediate entry to preserve that evidence.
People who question the legality of law enforcement activity may need help as they develop criminal defense strategies. Discussing what happened with an attorney can help defendants understand if a violation of their rights occurred and choose the best way to respond to their pending charges accordingly.