Can The Police Legally Come Into My Home And Tear Everything Apart?
There are various legal dramas running on tv everytime and these are making people informed that it is illegal for the police to simply barge in your house and begin checking without a warrant.
The 4th Amendment of the Constitution protects the citizens’ rights from all sorts of searches or perhaps seizures. However, here are a few exceptions to this rule as described below.
1. With Consent of the Owner of the Property
If the house owner does not have any trouble with the law enforcement officials checking the area, then a search may be carried out by the law enforcement officials with no warrant. You can restrict your agreement to just certain areas of the property and the police officers isn't going to have the right to conduct a search beyond that particular area.
In case you have a roommate, then your agreement is appropriate for searches to be performed in the common area of the home however not in your roommate’s private spaces.
A supreme court has lately ruled that just a single partner is unable to accept for the search to be performed on the other’s behalf.
2. Plain View
If a police officer is already within your property with your consent or with a warrant and sees proof of another crime in plain view then that cop has the legal right to seize it and produce it as being evidence in court.
For example, if a police officer is in your residence to inspect a theft and sees some harmful drugs in plain view then it can be confiscated without your approval. However, search of your entire home requires your permission.
3. Search while Police arrest
In case you are being arrested on your premises, the police have complete right to search the property for accomplices or weapons of any type so as to safeguard themselves. Known as a ‘protective sweep’, they do not need your agreement or a warrant to carry it out. A search of this kind can also be performed to make certain that evidence does not get ruined.
4. Unexpected emergency Scenarios
In face of urgent matters like danger to life, escape of a convict or a suspect, significant injury to life or house or destruction of the evidence, the police officers can enter and search the home with no warrant as well as your agreement.
California Supreme Court just lately ruled that the police have the right to go in the home of a DUI suspect with no warrant. This is based on a theory that claims that necessary evidence, like the alcohol level of the suspect, may be damaged or lost in case they do not do so.
Often remember the fact that the police don't have right to enter in your home, not to mention ruin your things, without your approval. Should you deal with this type of situation where the police officers have performed a search of your home without your agreement and/or have destroyed your possessions, then call up Cincinnati Legal Help, from the Patituce & Associates at (440) 471 - 7784.