INSIGHTS

Home > Insights > Legal Tips > What You Need To Know If Police Want to Search Your House

What You Need To Know If Police Want to Search Your House

by | Nov 6, 2020

If there is a criminal case being built against you, the first place police usually search is your home or residence. 

Events like the March 2020 shooting death of Breonna Taylor—an unarmed Kentucky woman killed while in bed—have put the spotlight on law enforcement. Many are asking about the legal way police are supposed to serve warrants and when they must identify themselves if they come to your home. Police in New York do not execute every search warrant like a raid, as in the Taylor case. 

When serving a conventional knock-and-announce warrant in New York, police are supposed to:

  • Identify themselves and their reason for being there, and 
  • Give you a chance to answer the door and comply with the warrant before trying to force their way in.   

Privacy and Your Protections: When Police Need a Search Warrant

This harkens back to the discussion about the search and seizure of your car. The same is true when police search your home. The United States Constitution’s Fourth Amendment guarantees security against unreasonable searches, seizures, and interceptions. In cases where the police have probable cause, they must “describe the place to be searched, and the persons or things to be seized.”

In a non-emergency situation, this requirement acts to limit the scope of the executing officers. It should limit them to look in places where the described object could be expected to be found. The property in your house is generally considered private. Police need a search warrant issued by a judge to enter and gather evidence.

It’s important to know that landlords or roommates do not have the authority to allow police to search your belongings. It’s a cliched situation often seen on film and television just to move the story along. But in reality, that would be an unlawful search – the sort of thing strategic NYC criminal defense lawyers would look for to have evidence dismissed.

Officers perform illegal search and seizure if:

  • They search your property without a warrant, 
  • You have a reasonable expectation of privacy, 
  • If you have not been arrested.  

The founders of D’Emilia Law are former NYC prosecutors. We handled countless cases where the police acted unlawfully in the methods listed above. This resulted in favorable outcomes for the defendants whose cases were dismissed or had charges severely reduced. Whenever possible, make a note or record any interaction with the police in your home, so that you have evidence of how they conducted their search. 

When Police Do Not Need A Search Warrant

As mentioned above, you can reasonably expect privacy in non-emergency situations. But the protections change amid emergency situations. For example, if police are in active pursuit of you and you run through or exit your home, it can later become a crime scene, which they will search. Further, if they suspect you are destroying evidence, they can take prompt action to seize the evidence and prevent you from damaging it. 

Hopefully, your interactions with the police are peaceful, despite how nerve-racking it can be. It is important to note that your consent for them to enter and search for evidence – with or without a warrant – allows them to take any evidence they find legally.

The laws governing probable cause and the Fourth Amendment can be complex and these tips are just a starting point. Every case is unique. If you believe the police have unlawfully searched your home for any reason, you should immediately call a New York criminal defense attorney.

D’Emilia Law maintains that an arrest is not the end of your life. It is not the same as a conviction. A strong and strategic defense can uphold your innocence, keep you out of jail and reduce your charges and fines. If you or a loved one has been charged with any crime in New York, contact D’Emilia Law, criminal defense lawyers in NYC, for a consultation.

police search home
Rights Crime

What are Your Rights if You’ve Been Charged with a Crime?

Regardless of the crime with which you’ve been charged, it’s essential to understand that you have certain rights under the U.S. Constitution and the New York State Constitution. These rights are meant to protect against arbitrary treatment by the government and...
DWI Attorney

Do You Need an Attorney for a DWI Charge?

If you’ve been charged with driving under the influence in New York, you may be wondering whether you should have the representation of an attorney. Critically, being charged with driving under the influence in New York can have a long-lasting impact on your life and...
DWI Felony

When is a DWI a Felony in New York?

A DWI can come with serious consequences, especially if you’re facing felony charges. While a first DWI is typically charged as a misdemeanor, there are certain situations in which an offense of driving under the influence can be a felony. For instance, if there are...
Drug Treatment Court

What is Drug Treatment Court — and is it an Option in My Case?

If you were arrested for a non-violent drug crime, you may be eligible for drug treatment court. This is a voluntary alternative to the regular court process that allows non-violent, drug-addicted offenders to enter into a treatment program, and potentially avoid...
Ghost Gun

Understanding New York’s Ghost Gun Laws

New York has some of the toughest firearms laws in the nation. While strict penalties are imposed for possessing an unregistered firearm, legislation was enacted in 2022 that strengthened the state’s laws regarding ghost guns. These types of guns are those that do not...
Search Warrant

What is a Search Warrant? 

Most people are aware that the police are usually prohibited from searching a premises or person without a warrant under the Fourth Amendment of the U.S. Constitution. A search warrant is a court order issued for the purpose of authorizing law enforcement to conduct a...
Warrantless

Is a Warrantless Search Ever Permissible?

The Fourth Amendment to the U.S. Constitution protects individuals from unlawful searches and seizures by law enforcement. As a general rule, before police can search your person, home, or vehicle, they must have probable cause for the search — and obtain a valid...
Subway Self-Defense

NYC Subway Incident Raises Complex Legal Questions Regarding Self-Defense

The recent New York City subway incident that resulted in the death of Jordan Neely made headlines throughout the nation. While there are still many facts that are not yet known, and various issues that will need to be determined at trial, the case raises many...

What is Possession of a Controlled Substance?

Possession of a controlled substance is a serious crime in New York that can come with severe consequences. Many of these offenses are charged as felonies and can come with a lengthy prison term, steep fines, and long-term ramifications. Not only can a conviction...
Drug Possession

What Defenses Can Be Used in a Drug Possession Case?

If you face charges for possession of a controlled substance, it’s crucial to understand that an arrest does not mean a conviction. While this offense is taken very seriously in New York, there are several defense strategies that can be used to fight the charges...