Hearing police officers knocking on the door to your home in a forceful manner can immediately invoke fear in someone, especially if they weren’t expecting them to stop by. In some cases, that knock is followed by a request to enter the home and search it.
With very few exceptions, police officers need a search warrant to enter a home to search it. One of those exceptions is if they have permission to search it, so it’s critical for homeowners to ensure they understand these specific things about search warrants.
What’s required in a search warrant?
A search warrant is obtained from a judge or magistrate by presenting information that shows probable cause that evidence may be located in a specific area. The search warrant must include the address and area within that address to search. It should also include information about when the search will occur.
What can police officers do without a search warrant?
Police officers can’t conduct a search without a warrant; however, they can seize evidence that’s in plain view from a place they’re allowed to stand without a warrant. For example, if there are drugs on a table in the living room that can be seen from the front door, the police could seize those drugs.
Search warrants provide an important constitutional protection for individuals in this country. They can sometimes play an important role in a criminal defense strategy, so anyone facing criminal charges should ensure they work with someone who can help them determine if this is a factor in their case.