When can the police search your house?

Asked on July 14, 2015 under Criminal Law, Texas

Answers:

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

Answered 5 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.


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