Just imagine this: you are at home on a nice, quiet night, and then you hear a knock on your door.
You open the door and see a police officer. The officer is friendly and speaks to you for a moment. And, then, the officer asks if they can go into your home “Just to take a look.”
The officer seems friendly, and this search seems inconsequential, so you say “Yes.” As the search is being conducted, you start to wonder if you should’ve and, even more importantly, if you could’ve refused.
Going over whether or not you have to let the police into your home and speaking with a criminal defense attorney will allow you to protect your rights.
Do You Have To Let The Police Into Your Home?
To answer the above question, “No, you do not have to let the police into your home.” The reason for this is that the police do not have a right to access or search your home without grounds or consent from the owner.
For example, if the police walk up to your home one night and ask to enter, you can say, “I do not consent to you searching my home,” which will prevent them from legally entering your home.
You are not a criminal, and you do not have to let the police into your home.
On the other hand, if you say, “You can come in,” then you have given your consent to the police, which may allow them to enter your home and search it for whatever they are looking for.
The key to all of this is consent.
If a police officer wishes to enter your home, then they must have your consent to do so. If they do not have your consent, they cannot legally enter your home. And, if they do so, anything the police obtain is inadmissible.
If The Police Have A Search Warrant, Do You Have To Let Them Into Your Home?
Even though everything outlined within the previous section is true, there is one major exception to the rules outlined above. If the police have a search warrant, then you must let them into your home.
A search warrant is a legal writ issued by a judge that allows a police officer to search a specified place. In this context, that specified place would be your home.
If a police officer shows you a search warrant, which contains the address of your home, you must let them into your home. You may not contest the search at this time. The time to contest this warrant is with your attorney in Court.
You are not a criminal. However, a search warrant is a legal document that you must abide by, regardless of whether or not you are a criminal.
If a search warrant was based on an invalid premise, was created fraudulently, or was executed improperly – among other grounds – then you can obtain justice for this violation of your rights, but this must be done in Court.
Get Qualified Legal Help Today
You are not a criminal, and if the police have treated you like one without following the proper legal procedures, then you can, and should, obtain justice for this violation.
If you need representation for a criminal charge in Cook County, with 30 years of experience in State and Federal Courts, Glasgow & Olsson is uniquely qualified to help. When you need an attorney experience matters, contact a Chicago criminal defense attorney today to learn how our experience can get you the results you deserve.