In Michigan, you have an expectation of privacy in your own home. Even the police cannot just enter whenever they wish. They must do so legally, and there are certain circumstances when it is allowed.
To ensure that homeowners understand how the law works, it can be helpful to consider three ways that the police may be allowed to enter your home if they would like to search a criminal investigation.
1. It is an emergency
First and foremost, in an emergency, police may be able to enter whenever they see fit. If they believe there is a danger to the public, for example, they can enter the home to protect someone. If they are in pursuit of a suspect and they just watched them enter the house, they can follow the suspect into the home.
2. With your consent
If it is not an emergency and the police just want to conduct a home search, they will often start by asking for your consent. As a homeowner, you can then decide if you want to give the police permission to come into your home or not.
3. With a search warrant
If you do not give the police consent, then their next option is to secure a search warrant. This will tell them what property they can search, when they can execute the warrant and things of this nature. But if an officer shows you a valid warrant, even if you do not want them to come into your home, they may still be legally permitted to do so. The warrant overrides your lack of consent.
If you are facing criminal charges, considering home search tactics may be very important, especially when looking at what evidence can be included in your case. Be sure you understand all of your legal defense options.