People in the United States have specific rights, one of which is that they must not be subjected to illegal searches. These rights are set in the Fourth Amendment of the United States Constitution.
Police officers must always have a warrant to search a person’s home unless there are specific circumstances that are present. One of these is that they’re given permission to search by someone who has authority to do so, such as the homeowner.
A person is arrested
If a person is arrested in their home, the police can conduct a limited search. This can only occur to prevent the destruction of evidence and to ensure the officers can remain safe. Only the area in the immediate area around the person who was arrested can be searched.
Hot pursuit of a person
Police officers can follow a person into a home and search the area if they’re in hot pursuit of a person who they’re actively chasing. This is often necessary to prevent harm to others or to prevent the person’s escape.
Exigent circumstances
Entering and searching a home without a warrant if there’s an urgent need to act. The urgency must justify the lack of a warrant. This might be the case if someone is in immediate danger or if evidence will be destroyed.
Evidence that’s collected in an illegal search may be inadmissible in court. For defendants who believe this is what occurred in their case, speaking to someone who can help them to include that in their defense strategy may be beneficial.