Can the police still enter your home if you say no? Law Office of David P. Shapiro.

In this YouTube Live Event, San Diego criminal defense lawyer David Shapiro answers a question about the police entering a home without consent.

Have a question of your own? Post it to the comments section below or visit https://www.davidpshapirolaw.com/.

Laura – Someone told me that if the police come to your house and want to come in, they can’t unless you tell them it’s OK. Otherwise it’s illegal search and seizure. Is that true or will they just come in anyway?

Law Office of David P. Shapiro
3500 5th Avenue, Suite 304,
San Diego, CA 92103
619-295- 3555

Full transcription:
- We're with David Spiro. He is a criminal defense attorney in San Diego, California. He's agreed to answer an online question specifically related to search and seizure, or illegal search and seizure of a home. Um, this question was from, uh, Laura, David. Uh, David, uh, Laura asks, "Someone told me that the police can come into your house if they want to come in, or they can't, and they can't unless you tell them it's okay." That's a little unusual in the text, there. She says, "Otherwise it is illegal search and seizure. Is that true or will they just come in anyway?"

- [David] Well, Laura, there is a couple of situations where, even without your consent, the police can certainly enter your home, and the first and the most obvious one would be with a warrant. So, if the police get a warrant to search a home, to search property, whatever the case may be, I mean, you could stomp your feet, you could say no until you're blue in the face, but the reality is, they're going to be able to come inside that house, uh, under the guise of the warrant. Now, whether or not that's a legally sufficient warrant, whether or not they search outside of the scope of the warrant, that's a whole other issue for another day, but I can tell you that, if they're going to get a warrant, and they have a warrant, they're going to come into that house no matter what you say. Now, even if you, uh, even if they don't have a warrant, you know, there are certain exceptions to them having a warrant to be able to come in. You know, if they think someone's generally in danger, if they think that an ongoing crime is committed, if someone flees into your house, those types of situations, usually are how they're legally allowed to get around the warrant or the consent requirement, but you know, it's always, it's always a good idea to refuse admission or to not give your consent. Uh, it makes it more difficult for the police to get inside your house and if they do come inside your house anyway, it might give your case a chance, assuming they find something they, that are, that is illegal and you ultimately get charged in court. The fact that you did not affirmatively consent to them coming inside your house gives yourself and your attorney another avenue to explore as to possible, you know, illegal search and seizure, and we all know that if the search was illegal or outside the scope of the warrant, or without your consent and no other justified basis for the search, everything found as a result of that goes away, and more often than not, the prosecutor's left with really not a whole lot to prosecute. That's a good thing for you.

- Excellent. If you have any other questions for Dave, just post them in the comments section below. Thanks for the answer, Dave.

- Yeah, my pleasure. You can also contact me at my office at295-3555.

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