The Police officers came into my home and ripped everything apart - Can they do this?
There are several legal dramas running on tv everytime which have made people aware that it is illegitimate for the law enforcement officials to just barge inside your home and start looking without having a warrant.
The Fourth Amendment of the Constitution safeguards the citizens’ rights from all types of searches or seizures. But, here are a few conditions to this principle as mentioned below.
1. With Agreement of the Owner of the Property
If the house owner doesn't have issues with the police searching the house, then a search can be conducted by the police officers with no warrant. You can restrict your agreement to only certain areas of the home and the police officers isn't going to have the authority to perform a search further than that spot.
If you have a flatmate, then your consent will be applicable for searches to be done in the common area of the residence however not inside your roommate’s personal areas.
A supreme court has recently decided that just a single partner is unable to accept for the search to be conducted on the other’s part.
2. Plain View
When an officer is by now in your residence with your approval or with a warrant and spots proof of another criminal offense in plain view then that cop has got the authority to take it and produce it as evidence in court.
For instance, if an officer is in your residence to check a burglary and spots some drugs in plain view then it will be taken away without your approval. But, search of your complete home requires your agreement.
3. Search while Police arrest
In case you are being arrested on your premises, the police officers have total authority to search the property for accomplices or pistols of any kind to defend themselves. Referred to as a ‘protective sweep’, they will not need your agreement or a warrant to conduct it. A search of this type could also be performed to make certain that evidence doesn’t get ruined.
4. Urgent Circumstances
In face of emergencies such as risk to your life, escape of a convict or maybe a suspect, severe injury to life or house or destruction of the evidence, the police officers can enter in and search the property without a warrant and your consent.
California Supreme Court just recently decided that the police officers have the right to go in the house of a DUI suspect without a warrant. It is based upon a concept that states that essential evidence, like the alcohol volume of the suspect, might be lost if they do not do so.
Often bear in mind that the police don't have right to get into your residence, not to mention destroy your things, without your agreement. If you deal with this type of scenario where the police officers have performed a search of your premises without having your approval and/or have destroyed your belongings, then call up Cincinnati Law Firm, from the Patituce & Associates at (440) 471 - 7784.