When can the police search your house?

UPDATED: Jul 14, 2015

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When can the police search your house?

Asked on July 14, 2015 under Criminal Law, Texas


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

Answered 7 years ago | Contributor

As a general rule, if the police have probable cause to think that a crime or evidence of a crime can be found in your home then they apply for a judge issue a search warrant. However, even with out a warrant, a person's home may be searched. The exceptions to the warrant rule are:

      1. If an officer asks to come in and do a search and you (or someone else who lives in the house) gives them permission to do so;

      2. If police can see illegal activity or unlawful items (e.g. drugs or weapons), while standing outside your house, they can go in and search;

      3. If you are arrested at home, then right after the police can search the area for weapons, evidence and accomplices.

      4. If someone's life or health is in danger or the police are in "hot pursuit" of a suspect, then they can search your house as part of the investigation.

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 AttorneyPages.com 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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