You have a right to privacy in your own home. You get to decide who can enter your home and who cannot. As a private property owner, this decision is up to you.
This even includes the police. You do not always have to allow them into your home just because they come to the door and ask to come inside and take a look around or have a conversation. You can say no, and the police are not allowed to punish you in some way – such as arresting you – just because you did.
That said, here are three ways that they can come into your home.
Getting your consent
Police often start by trying to get the homeowner’s consent. This is why they ask you if they can come inside. Even with no evidence, if they get your consent, then they’re allowed to enter – but you don’t have to provide it.
Executing a warrant
Without your consent, then the police have to execute a search warrant to come into your home. The warrant comes from a judge, and it’s a legal order saying that you have to allow them into your house to search certain areas and look for specific types of evidence.
Responding to an emergency
Finally, there are sometimes controversial situations in which the police will claim that there was an emergency and so they had to enter the home, even though they didn’t have consent or warrant. An example of this could be if they were chasing a suspect or if they thought that someone inside the house was in danger.
When you’re facing criminal charges, it’s crucial that you understand your rights and the legal steps you can take if you believe the police violated those rights.