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Can police enter your house with a warrant?

On Behalf of | Sep 14, 2022 | Criminal Defense |

You know that the police need your permission to enter your house. If an officer knocks on the door and asks to come in, you’re not obligated to give them consent. You can politely refuse.

What the officer will then do is go get a warrant and come back to your house. The warrant is issued by a judge, that’s based on the probable cause that the officer has identified. This gives them permission to come into your house even if you do not give your consent.

The warrant can still have limitations

Even if the police do have a warrant, keep in mind that it may still have limitations that restrict what they’re allowed to do on your property.

For example, a warrant will sometimes specify what part of a property is supposed to be searched. The officers need to stay within that boundary and not search other parts of the property that were exempt from the warrant. For instance, a warrant allowing the police to search your garage does not give them the right to search your home.

The warrant may also have instructions about the exact type of evidence that the police are looking for. They have to have a reason to enter your house and they need to have a goal. They may collect other evidence in the course of the investigation, especially if things are in plain view, but they are still supposed to be searching for the evidence noted in the warrant.

If the police break the limitations and restrictions on the warrant, that can sometimes invalidate evidence that was found so that it can’t be used in court. Make sure you know about all of your criminal defense options if this happens to you.