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
warrant

Asked on April 22, 2017 under Criminal Law, Maryland

Answers:

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

Answered 3 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.


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