The Fourth Amendment to the Constitution prevents the government from searching your house without probable cause unless you consent. Probable cause can come in the form of a warrant issued by a judge and based on facts that the officer presents.
Those hearings are often done in secret and without the defense present since they usually take place long before you are charged. However, you are entitled to a copy of the warrant and may be entitled to see what evidence the judge considered in order to attack the judge’s probable cause determination. Probable Cause can also be in the form of “plain view”.
These situations often occur when an officer knocks on the door and looks over your shoulder to see if he sees any drugs or paraphernalia lying in plain sight. If the officer does he may come in and seize the evidence and arrest you. There are a few other narrow exceptions but probable cause is the most likely justification.
If an officer does not have a warrant or does not see something illegal in plain view then he cannot search unless you allow him. A savvy officer will not ask you if it is okay to search. He will not phrase the interaction in a way that makes you feel like you really have a choice but remember . . . you do.
He may seem really nice about and say things like “I just need to take a quick look around to make sure everything is all right” but he is trying to find evidence against you. It is your house and, absent a warrant, you have the right to say no.
This right is absolute and continues throughout the search. That means at any time you can take back the permission you gave or you can limit it to certain areas of the house. However, it is seldom a good idea to let the police in to search without a warrant anyway. The chances are very good that it will end badly for you.
If the police want to search you house call our firm immediately. An attorney is available 24 hours a day to help people in Northern Kentucky who are facing these very tough decisions. Just call 513-333-0014 to speak to an attorney 24 hours a day.
