The police are supposed to abide by certain laws when investigating a possible crime. This includes having a search warrant before entering a suspect’s home. What happens if they don’t? Can they still come in or can you tell them to leave? Here’s what to know about your rights in this situation and how a criminal defense lawyer can help.

What To Do When There’s No Search Warrant

Don’t open the door to police who come to your home for questioning. You have the right to decline their search if no valid warrant is present and you should. If your door is open though, the cops will have a much easier time forcing their way past you and into your home.

Although this isn’t protocol, many police officers bend or break laws to get evidence they think they can use. Let authorities know you do not give permission for a search and ask them to go get a warrant if they don’t already have one.

What Should I Do If The Police Bully Their Way In?

Sometimes, authorities take action even when they shouldn’t. If there’s no warrant and the police come into your home anyway, there’s not much you can do about it. You can document the search and whatever the police take from your home, but you can’t stop them from searching. This could get you arrested for obstruction.

If your lawyer files a motion with the court, it may be possible to have the search deemed unconstitutional and for any evidence obtained from it to be dismissed.

Circumstances That Don’t Require A Judge To Sign A Warrant

A judge doesn’t have to sign a warrant for some things. If the police think there’s a threat to human life on the property, they have the right to go in immediately without first asking a judge for permission. They can also do this if they have evidence that the suspect of a crime is on the premises or if they see clear proof a crime has taken place from outside the property.

Don’t wait after being subjected to an illegal search to get help from a qualified Florida criminal defense attorney. Contact T. Martin Knopes today by calling 850-683-0700 to discuss your case and what potential defense strategies might be viable.