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William D King- What Not To Do When Giving the Police Permission to Search Your House

You can stop a police officer who shows up on your doorstep from entering your house to conduct a search if you exercise your constitutional right to tell him “No.” The 4th Amendment of the U.S. Constitution protects individuals against unreasonable searches and seizures by government officials without probable cause or a search warrant that has been issued after a showing of probable cause by a judge or magistrate. In order to lawfully search your house, the police must have either a search warrant or your consent to enter explains William D King. If you give the police permission to come in without a warrant, however, you certainly cannot later complain about what they find. This would be inconsistent with giving them permission to enter in the first place.

There are two main factual scenarios where individuals may erroneously believe that it is okay for the government to conduct an illegal search of their homes because they gave consent:

  • Scenario #1: You open your door and find yourself facing several police officers who ask if they can have “permission” to walk around inside your house while conducting an investigation on made-up drug charges against some third party whom they want to question but do not even know where he or she lives. You say, “Yes,” and allow the police to enter your home and conduct a search of your house.
  • Scenario #2: It is late at night, you are half-asleep when suddenly you hear loud banging on your front door with someone yelling that they have a search warrant and demand that you open up. Afraid as well as confused by this late night intrusion into what is normally considered private premises, you quickly open the door, thinking that if you let them in they will go away and leave you alone – or perhaps not breaking down the door would cause even more problems both for them and for yourself says William D King.

Fairly often we here defense arguments like these: If I had known about my right to say “No” then I would have told them to get a warrant, so there!

If you find yourself in this situation before it is too late, take the advice given here by attorney John D. Fitzgerald:

1) ASK THE POLICE TO REPEAT THEIR QUESTIONS OUTSIDE YOUR HOME.

If they are allowed to come inside your home without having first obtain a search warrant which can only be issued based on an oath made by a police officer charging. That he has probable cause to believe the person or persons for whom he seeks authority to conduct a search, and if you allow him into your home, will not give him access to all rooms and areas of your house and will not assist him with his investigation by permitting him to search your closets or any other area not open to public view without specific permission, the police will be able to conduct a complete search of your home and everything in it.

2) IF YOU ALLOW THE POLICE TO COME INSIDE YOUR HOME – DON’T GO BACK TO SLEEP!

If you allow the police inside your home after knocking and announcing their authority and purpose either before coming in or as they enter and come through the door, stay outside so that you can observe what they do, where they go and what they look at says William D King. You may also want to ask them politely for permission to speak with them outside because you would like very much to cooperate but simply need time to process this unexpected intrusion which you would like to discuss with a lawyer before answering any questions. This lets the police know that you are not easily intimidate and may make them back off from asking questions. Once they realize they will not get an easy victim. One who is frighten and confuse – but instead, someone who may provide a lot of trouble for them because he knows his rights.

3) ASK TO SEE THE SEARCH WARRANT “BEFORE” YOU ALLOW THE POLICE TO ENTER YOUR HOME!

Police officers do not have to show you a search warrant. When they come knocking on your door at 3:00 in the morning. Even if it is their intent to conduct a criminal investigation inside your home. So as long as they either have already obtained a search warrant. Or they are authorize under the law to conduct warrantless “exigent circumstance” searches.

Conclusion:

Unless you want to be interrogate and arrest, stay outside your house and insist upon seeing the warrant. Before allowing them inside! If they refuse to show it to you, tell them to leave and make sure they understand that. If they do not leave then you will be force to call the police. For assistance in removing them from your property.

 

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