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When Can Police Search Your Home?

Thursday / June 16, 2016

 

Police Home Search

If you’ve ever watched any episode of Law & Order, you probably know that police can’t just come into your house looking for something without a search warrant. This is true, for the most part, because of the Fourth Amendment, which protects private citizens against unwarranted search and seizure. There are important exceptions to this warrant requirement that have developed under the law and everyone should know about them. If you have any questions are concerns, talk to an experienced Tempe criminal defense attorney.

 

 

What is a Search Warrant?

 
A search warrant is a signed court order that’s obtained by police when they have probable reason to search a location and a judge has agreed. This usually means they believe someone in the house should be arrested or that the property contains evidence of a crime. Search warrants are issued for a specific location for specified objects or people at a specific time.

 

Search Warrant Exceptions

 

Even without a search warrant, police can search your home in very specific circumstances, including:

 

When They Have Your Permission

 

If police ask to come in and do a search, and you agree without being coerced or tricked, then a search without a warrant is valid. You have a legal right to politely decline when they ask to come in. If something about a search or request to search seems strange, remember to tell your Tempe criminal lawyer.

 

Plain View

 

If police can see a weapon or evidence from their vantage point, like when they’re standing at your door, they can go in and search the property. For example, the police are at your house for a domestic violence call and see drugs or a gun on the table, these can be seized as evidence.

 

Arrest

 

Right after someone is arrested, police can search the area for weapons, evidence, or accomplices. So, if you’re arrested at home, they can search your property as part of their investigation.

 

Emergency

 

If someone’s life or health is in danger, or police are in hot pursuit of a suspect who might be trying to escape, they can search the house and other areas as part of their investigation.

 

 

Tempe Criminal Defense Attorney Kyle T. Green

 
If you are in the midst of a legal matter, you are most likely overwhelmed. Legal proceedings, especially when they involve evidence and investigations can be confusing and are difficult to handle without the assistance of a Tempe criminal defense attorney. I am a Tempe criminal law attorney who works tirelessly to see that my client’s rights are advocated for and aggressively represented in court. I provide sound advice and exceptional legal representation. Give me a call at 480-331-7568 and let’s get started on your case.

 

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