When a police car pulls up in front of your home, you already know that it’s going to be a rather interesting day. Then the officer knocks on your front door and asks you if they can come inside and take a look around. They claim that they’re conducting an investigation, and they think there might be evidence in your house.
At a time like this, it’s very important to understand that you are not obligated to give them consent. You do have a right to say no. You can tell the officers that they are not allowed to come into your house. Even if they pressure you or try to convince you otherwise, it is not illegal for you to deny them entry.
What will they do next?
In some rare cases, officers will still enter the home based on a perceived emergency. For instance, maybe they were actually following someone else, who they just watched run into your house. They may be able to enter during the pursuit, or if they think people in the home are in danger or that evidence is being destroyed.
But in most cases, the officers simply have to leave and get a search warrant. This warrant authorizes them to enter the property at a certain time and look for specific evidence. They can get a warrant from a judge, and then they do not need your consent any longer.
But if they enter without your consent and without a warrant—unless they can use the emergency exception—it’s a violation of your rights. That’s when it’s very important for you to understand all the defense options at your disposal.