Police officers need a warrant if they want to search your home. Without one, they can’t legally enter the premises.
But what happens if the cops try to bully you into letting them in anyways? Here’s what to know about your Fourth Amendment rights and who to call for legal help.
What To Say To Police Who Don’t Have A Warrant
If the police are at your door, ask them to state their business. Ask for a copy of their warrant if they’re there to search your property. You should also make sure the warrant has the correct date, name, and address.
If authorities don’t have one, you should tell them to return when they do. Don’t be aggressive or impolite, even if the police are being rude to you. Simply let them know that you don’t consent to a search without a warrant present.
How To React If Police Come In Anyway
The best case scenario in a situation where the cops want to search your property but don’t have a warrant is they leave to go get one. Sometimes this doesn’t happen though and police decide to barge into your home to conduct an illegal search.
The most crucial thing to remember if this happens is not to resist. Even if the police don’t have a warrant, you can be arrested for a crime if you try to stop them from searching. Your only recourse is to let them search and try to file a lawsuit later on for unreasonable search and seizure.
If police collected any evidence during an illegal search, the judge may dismiss it. This means the jury won’t know about it when they decide to convict or acquit.
Exceptions To Requiring A Warrant
Not all scenarios require a warrant before police can legally enter. If the police see evidence of a crime from outside, believe that a suspect is hiding on the premises, or have evidence of imminent risk to human life, they are allowed to go in immediately. They can even break in if there’s no other way to gain access to the inside.
Call veteran Colorado criminal defense and DUI lawyer Richard B. Huttner today for experienced legal representation after an illegal search at 303-981-6366. It’s important that you have a qualified attorney who can challenge evidence found during an unconstitutional search and keep it from being used against you in a court of law.