Believe it or not, the police do not have carte blanche to enter a home without its owner’s permission. If you’ve ever seen a police procedural TV show, they often display law enforcement discovering a clue and rushing off to break down the door of the suspect. However, what they might not show is the police usually have either a warrant or probable cause to take such a drastic action.
U.S. citizens have a right to privacy. The Fourth Amendment to the U.S. Constitution specifies citizens are protected from unlawful searches and seizures, which means law enforcement must have a warrant before they can search or seize any of your property. You do, however, have a right to allow them into your home.
If an officer asks to be let into your house, it is likely they do not have a warrant and are relying on your permission to be granted entry. By allowing a police officer into your home, however, you are giving them extra powers and potentially making your case worse.
While they can’t take anything from your house, they can use look for anything suspicious or crime related, which they can record later on intelligence files back at the police station. Likewise, if they arrest you or they strongly suspect a crime has been or is about to be committed, they can conduct a search of your home and seize anything they deem as evidence without a search warrant.
Many times, police officers will rely on people to let them in so they don’t have to obtain a warrant, which can be denied by a Justice of the Peace if there is a lack of evidence. By allowing the police into your home, you are allowing them greater access to things that could potentially lead to your own arrest and conviction.
However, if your rights have already been violated, don’t hesitate to call our skilled New York criminal defense lawyer. Musa-Obregon Law PC is a firm led by a veteran criminal trial lawyer, S. Michael Musa-Obregon, who has overseen dozens of criminal cases and who had achieved extraordinary results. Attorney Musa-Obregon is a former New York City prosecutor who understands how the opposition thinks. He has legal experience representing people in criminal defense cases, immigration law, deportation, criminal deportations, asylum, residency, citizenship, and business immigration law. We also offer representation in Spanish and French. Whether you committed a white collar crime, a sex offense, domestic violence, or some other illegal act, we can help defend your rights and freedom. Take a look at our testimonials to see what our past clients have said about our advocacy. Let us see what we can do for you.
Contact us at (888) 502-8461 or fill out our online form to schedule a free case evaluation.