There are three main ways that police can enter someone’s home to conduct a search. First off, they may think there’s an emergency, such as if they are in hot pursuit of a suspect who has just entered the home or if they think someone inside is in danger. Secondly, they can knock on the door and ask the homeowner for consent to come inside.
But in the absence of consent or an emergency, the police generally need to get a search warrant. If they don’t get the warrant in advance, it’s a violation of the homeowner’s rights if they just force their way inside anyway.
But what happens if the search is productive? Say that the police are adamant that there is evidence in the home, so they conduct an illegal search and they find baggies of drugs or stolen firearms. They have the evidence they need to make an arrest. How will that impact the case?
The evidence may need to be excluded
What often happens is that the police have to exclude evidence from court if they obtained that evidence illegally. It doesn’t matter that the evidence conclusively shows that illegal activity took place. Because they violated the person’s rights when conducting the search, they can’t use it in the case.
As such, the officers may have to drop the charges entirely. If the only evidence of wrongdoing that they found was illegally gathered, there is typically no way that they can seek charges.
These types of cases can certainly be contentious and complicated, however. If you are facing legal charges or if you have been arrested, carefully take the time to consider all of your defense options.