In most circumstances, police cannot enter your home and conduct a search without your consent, unless they have a warrant. Otherwise, any evidence they gather may not be admissible in a court of law. If you are facing criminal charges but think your rights were violated when police were gathering evidence against you, turn to a criminal law attorney from the Law Office of Lawrence W. Henke, III in Dayton, OH. A lawyer on their team will assess the circumstances of your arrest to determine if police made any procedural errors around which to frame a defense.

Ask an Attorney: When Can Police Search My Home?

When You Consent or They Have a Warrant

If you are hosting a gathering and your neighbors file a noise complaint, the police who arrive to investigate may ask to step inside your home and look around. If you allow them to do so, you are consenting to a search, and any evidence they find of criminal activity could be admissible in a court of law. It is important to remember that no matter how intimidating an officer may be, you do not have to let them search your home without a warrant.

If the police show up to your door with a warrant, that is another story. In order to secure a warrant, an officer must demonstrate how law enforcement has probable cause to believe a particular location contains evidence of a crime. Even with a warrant, though, police do not necessarily have the right to search your home for any and all evidence of potential criminal activity. They can only seize evidence described in the warrant, unless they happen to find contraband that is in plain view.

When There Are Extenuating Circumstances

There are some circumstances in which police may search a home without a warrant and without your consent. For example, they can raid your home if they are already arresting you. Additionally, they do not need a warrant to stop criminal activity that is currently in progress or to prevent a crime they believe is about to occur.

If you are facing criminal charges and believe you were the victim of an unlawful search, turn to an attorney at the Law Office of Lawrence W. Henke, III in Dayton, OH, to determine the best way to proceed. You can learn more about their criminal defense team by browsing their website. To schedule an initial consultation with a seasoned attorney and start building your defense, call (937) 461-9330 today.