During a criminal investigation, the police may want to conduct a search of your home. Perhaps they believe that you have been selling illicit substances, for example, and they think they will find evidence like illegal drugs, drug paraphernalia, or large amounts of cash in your house.
If a police officer asks to come inside and perform a search, they are just looking for your consent. You can provide consent, authorizing a legal search of the house, but there is no obligation to do so. You also have the option to say no.
What will the police do next?
If you do refuse to voluntarily allow the police to enter your home, the police still have options. The main one that they will utilize is to get a search warrant.
There are certain steps they have to take to do this. They must demonstrate probable cause to a judge. The judge then issues a warrant that applies to your specific property. It may also have limitations, like a certain date or time when it can be executed. Once the police have a warrant, they can enter your house even if you do not give them consent. In fact, there are cases in which they can arrive when no one is home and use the warrant to gain entry to your property without speaking to you at all. If you are at home, it is important not to interfere with their entry or search, even if you disagree with the basis for the warrant, since that can lead to additonial charges.
That being said, if the police illegally enter without a warrant or do not follow the instructions listed, it could invalidate evidence that they find. It is very important to understand how police searches and seizures work and what legal options you have when facing charges.
