Thomas Carroll Blauvelt

Can you tell the police not to enter your home?

If the police show up at your home and knock on the door, they may simply want to talk to you. But it is likely that they may ask if they can come inside and have a look around. They may not have opened an official investigation yet, but you know that they’re searching for something. Perhaps you suspect they’re looking to see if there are illegal drugs in the home.

Whether or not there are, one of the first things you’re probably going to think about is if you’re allowed to tell them that they can’t come inside. If they ask you, do you have to let them? Is it more of a command? Or is it actually a question and can you really deny them access if you want to?

Ask the police if they have a search warrant

You absolutely can tell them that they don’t have your consent to come into the house. They need to have this consent or they would be violating your rights to come in and conduct a search. They know this, and evidence that they get through an illegal search can’t be used in court.

The main exception to this is if the police have a search warrant. They may still ask for your consent, but they don’t necessarily have to get it. They can still execute that warrant and search your home – or at least the parts of your home that are listed in the warrant. So you want to start by asking them if they have a warrant and, if they say that they do, then you can ask to see it. Without one, they can’t come in without your consent in the majority of cases.

If you are facing drug charges after a search, especially if you believe that search was illegal, you must know what options you have to assert your defense.

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