Is it lawful for police to enter my home without a search warrent on hear say

UPDATED: Sep 30, 2022

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Is it lawful for police to enter my home without a search warrent on hear say

Police came to my home they did knock
and then entered into my home through
my living room window with guns drawn
on me and my children never produced a

Asked on April 22, 2017 under Criminal Law, Maryland


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You gave few details regarding this matter, however, as a general rule the police need a search warrant before they can enter and search your home. However, there are exceptions to this rule: consent - if the person who is in control of the property allows the search (without being forced or tricked); "plain view - if the police already have the right to be on your property and contraband/evidence of a crime is clearly visible, they may enter your home to seize it; "search incident to arrest" - if you are being arrested in your house, the police may search for weapons/other accomplices to protect their safety and/or to prevent the destruction of evidence; and "exigent circumstances - this refers to emergency situations when getting a valid search warrant could compromise public safety or could lead to a loss of evidence (and includes "hot pursuit" of a suspect). If any of these exceptions applies to your situation, then the police did not need a warrant to enter the home. Otherwise they did need a warrant and entered unlawfully. At this point, if you are unsure of your rights, you can consult a criminal law attorney in your area for further advice.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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