Police officers conduct searches to ensure their safety in some circumstances and to gather evidence in others. A search of an individual’s residence is almost always related to evidence collection or conducting an arrest, as opposed to ensuring the safety of police officers.
People who find the police waiting at their door are often unsure of how to respond. They may not know when it is legal for the police to search and what rights they have in that situation.
What are the rules for police searches of private residences in Indiana?
Not all searches begin with warrants
Some people hear a knock at their door and discover police officers with a search warrant. In that scenario, the individual may have to submit to a search of the property. However, they have the right to review the warrant before granting police access to the property. They may also have the option of requesting that officers wait while they contact their lawyer. Mistakes with the warrant might prevent police officers from conducting a search.
That being said, many searches do not begin with a warrant. Police officers can legally search when they have probable cause to suspect criminal activity. If they hear someone screaming for help or smell drugs, they could enter a dwelling unit without a warrant. Officers can also sometimes justify entering private property due to a hot pursuit. If police officers follow a suspect from the scene of a crime, they may need to enter a private residence to arrest that individual.
Without probable cause, officers require permission to search a private home. They may obtain permission from anyone who lives at the home, not just the person they suspect of criminal activity. Officers sometimes intentionally show up when they know only children or roommates are home to gain access without a suspect’s involvement. Thankfully, if someone else grants permission, police officers can usually only look at communal spaces during that kind of warrantless search.
Individuals who think that police officers violated their rights can potentially use that suspicion when responding to criminal charges. Challenging the legality of a police search is a common criminal defense strategy. Defense attorneys can sometimes get the courts to set aside evidence or dismiss charges because of improper police behavior.