If a police officer comes to my home and asks permission to search it, do I have to let him?
No. A police officer's search of your home is a serious invasion of your privacy. That is why the law prevents the police from merely going door-to-door and searching for contraband or evidence of a crime. You always have a right to refuse to give the police permission to search your home, your person, or your automobile. Sometimes, when the police suspect a person of wrongdoing, but do not have any evidence to gain a search warrant, they will simply knock on the door and ask permission to search the home. the tactic is called "knock and talk." Sometimes, the police officer will threaten to get a search warrant if the person does not agree right away let the officers conduct the search.
You do not have to give the police permission to search your home. Many people do not know this and the police, of course, do not usually explain this.
While some people are of the view that innocent people have nothing to hide and should not mind the inconvenience caused by a police search, our founding fathers saw things differently. Having lived under the tyranny of a police state the men and women who drafted our constitution believed that a person's right to privacy as well as their right to be left alone should be respected. They believed a person should feel secure in the persons, their papers, their houses and effects. That is why they insisted that the fourth amendment be included in the Bill of Rights.
If you do let he police search your house or apartment, they will be allowed to search everything in the house, including all rooms, closets, drawers, cabinets and containers. They will even be allowed to search your person, and may handcuff you while the conduct the search.
If the officers finds contraband or other evidence of a crime during a search of your home, you will likely be arrested. Also, any contraband or evidence is found inside your house or apartment against you in court. If you have visitors or teenage children in your home, you might be arrested for contraband they brought into the home without your knowledge.
If you do not consent to the search, and if the officers do not have a warrant or some other lawful basis for searching your home,any contraband or evidence they would generally not be able to use any contraband or evidence they might find against you in a criminal trial.
In such a situation, it is best to tell the officers that you would rather they obtain a search warrant first. You will need to immediately seek the advice of a good criminal defense lawyer.
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