In many cases, people feel they have to comply with the police any time an officer makes a request. For instance, say you own a home in Grand Rapids, Michigan, and a police officer shows up one evening and knocks on your door. They tell you they want to come inside to look around or talk to you. While they are technically asking, you may assume you have to give them permission.
In reality, you often do not have to allow the police into your house. They’re asking for your consent because they need it to perform a legal search. If you tell them you do not want them to enter and they do so anyway, they may have violated your rights. Even if they find evidence of a crime, it may not be admissible in court because they shouldn’t have performed the search in the first place.
Are there any exceptions?
Yes, there are exceptions to this rule. The first and most obvious is if police officers have a search warrant. An official warrant issued by a judge means they no longer need your consent.
That said, warrants are often limited. For example, a warrant may specify a range of dates during which the police must perform the search or indicate specific areas of the property they are allowed to search. It’s wise to ask the officers if you can read the warrant to ensure they are adhering to its restrictions.
Another exception is if the police believe there is an emergency. For example, they may think someone in the home is in danger, they may be in hot pursuit of a suspect who just ran into the house or they may suspect evidence is actively being destroyed. If they can demonstrate there was an emergency, they may be able to legally enter the home without your consent or a warrant.
These situations are complex, and the actions of the police can significantly impact your case. Be sure you understand your legal defense options.