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CRIMINAL DEFENSE • DISCIPLINARY INVESTIGATIONS & HEARINGS

Do I have to allow police to enter my home?

You do not have to allow police into your home unless they have a valid search warrant. If the officers do not have a warrant, they have no legal basis to enter your property.
 
In New York, law enforcement officers who have a valid search warrant issued by a judge are authorized to search your home for evidence that a crime has occurred. While some warrants are issued in connection to criminal investigations, others are obtained on an emergency basis if there are chances that evidence will be destroyed.
 
If police try to enter your home without a search warrant, your firm refusal to grant them entry is important. When officers search your property without permission, any evidence they gather against you is disallowed in court.
 
The situation becomes more serious if law enforcement officers do possess a valid search warrant for your home. If you refuse to allow them to enter and conduct a search in such circumstances, you will be accused of criminal obstruction. The police have the right to search you and your immediate surroundings if you are arrested in your home.
 
If you have been arrested after a police search of your home, contact the experienced New York criminal defense lawyers at Brill Legal Group right away. We can help ensure your rights are not violated.

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