The police can search your home in a number of different ways. The first is if there is an emergency.
For instance, perhaps the police think there is a danger to the public or that someone in the house is actively destroying evidence. Or perhaps they are pursuing a suspect who just entered the home, so they have to act quickly and enter to continue the pursuit.
But what if there is not an emergency? How can the police come in and conduct a search under more normal circumstances?
Asking for consent
To begin with, the police will usually start by asking for consent. Even if they suspect you have committed a crime, they may try to be friendly and ask if they can just step in for a moment and take a look around.
People often feel like they have no choice but to give consent in this type of situation. The important thing to remember is that it is still up to you. It is not illegal to tell the police that you do not authorize a search.
With a search warrant
When there is not a valid emergency, and you do not provide consent, then the police typically need to get a search warrant. This means they need to contact a judge and show that the search is necessary.
Even if they get the warrant, that does not mean they can simply do whatever they want. It may have certain restrictions. It could tell them what part of the property to search, what evidence to look for or when they are allowed to execute that search warrant.
Criminal defense options
The way that the police gather evidence in your case, and the way they conduct a search, can have a major impact on how that case proceeds. Be sure you are well aware of your legal defense options when facing charges.