Police officers are supposed to have a warrant before searching someone’s property. Even if that person is suspected of a crime, authorities aren’t allowed to enter without one. But many officers still do. Below, we discuss what you can do if authorities entered your property without a search warrant and collected evidence against you.
What To Do When The Police Don’t Have A Search Warrant
The police aren’t allowed to enter your home without a signed warrant. But many officers try to take advantage of people who don’t understand their rights and try to intimidate them into allowing a search.
Don’t take the bait – instead, politely but firmly tell the police that you know they need a valid search warrant and that you don’t consent to any property searches without one. There’s no need to be aggressive, but make sure you’re on record saying “no.” That way, if the police come in anyway, they can’t say they had your permission.
When Authorities Bully Their Way Through
It’s not uncommon for law enforcement officers to bully their way into a person’s home even if they don’t have a warrant. They may treat it like a means to an end and ignore or bend the law to get whatever evidence they believe is inside.
If this happens, you can petition the court to withhold any evidence the police obtained from the illegal search. This means prosecutors can’t use it against you to prove that you’re guilty. With less evidence, it will be harder for them to have you convicted of the crime you were charged with.
Which Situations Are Exempt From Needing A Warrant?
Police don’t always have to get a warrant. In emergency situations or in cases where there’s clear evidence that there’s been a crime, police are allowed to enter someone’s home or business without getting a warrant first.
If officers want to collect other types of evidence, they’ll have to contact a judge. For example, say the police enter a home where they suspect someone is being held hostage. If they then want to look through papers or the suspect’s computer for evidence, they will have to get a search warrant that specifically lists these items. Thomas Kokonowski, Esq. at 774-561-2689.
