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Except for some very limited exceptions, explained below, police officers have no right to enter your home.
1. If they
have your consent to enter:
If police officers come to your door and ask to be let in and you let
them in, it is not illegal for them to enter. However, police officers
may not coerce your consent. For example, if an officer comes to your
door and threatens to arrest you unless you let him in, or threatens to
call ACS to take your children, or acts loud and threatening , you have
not really "consented." You let them in under threat. If the officers
have coerced your consent, you may be able to bring a claim against them
for illegal entry into your home.
2. The police have a search warrant:
If police officers have a valid search warrant that particularly
describes your home, the police may enter without your permission. If
the warrant does not particularly identify your home, the police have no
right to enter. For example, if you live in a three-unit building and
the search warrant does not identify which apartment can be entered, the
police may not enter and search all the apartments. They must withdraw
and obtain a warrant identifying the specific apartment at the address.
3. The police
have an arrest warrant:
If the police have a valid arrest warrant and they have a reasonable
belief that the person named in the warrant lives in your home, the
police may enter to capture the suspect. Police may NOT enter your home,
even with an arrest warrant, if they believe that their suspect does
not live in your home.
4. Contraband is in plain view:
The Constitution protects us in our homes because we have a right to
expect privacy and to be left alone, but if you do things that do not
show that you expect privacy the police may have the right to enter your
home without your permission. For example, if you leave your door open
and anyone walking by can look inside your home, you cannot be said to
have an expectation of privacy in the areas of your home that are in
plain view. If you have contraband in plain view, the police may enter
your home without your consent to seize the contraband and conduct a
search.
5. Capturing a fleeing felon: If a person
who has committed a serious crime run into your home to avoid the
police, the police can pursue the suspect into your home for the sole
purpose of capturing the felon. The police may do a "safety sweep" of
your home to ensure against potential attackers. That means they can
search places where a person can hide, but not in drawers and other
small, personal spaces.
6. Emergency situations:
The police can enter your home in a legitimate emergency. If your home
is on fire, for example, police and other emergency workers can enter
your home without your permission.
If you believe the police have
entered your home illegally, try to get as many names and badge numbers
as you can. Usually, one supervisor will be leading the team, so try to
get that officer's name and/or shield number. Note the time and date then call the New York Civil
Rights lawyers at Stoll, Glickman & Bellina, LLP. We can help you bring a claim for
illegal entry into your home and pursue charges against the police. We are not afraid to take
on NYPD; we do it
every day. Call us for a free consultation if you think your rights have been violated by an illegal
search and seizure.
www.stollglickman.com
Know your rights — enforce your rights!
