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CrimDefense, CriminalDefenseAtty
Category: Criminal Law
Satisfied Customers: 23420
Experience:  9+ years defending Misdemeanor and Felony cases.
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If police come to your home and knock at front door ...

Resolved Question:

If police come to your home and knock at front door but enter thru the back door without a search warrant ( which they get 3 hours later because they found drugs/paraphenalia in the pocket of one of the residents ) would this on average be a legal entry?
Submitted: 8 years ago.
Category: Criminal Law
Expert:  CrimDefense replied 8 years ago.

No, this would not be legal. The police are not able to enter your home, without a warrant, unless they are in hot pursuit of a suspect, they suspect someone inside is in danger, or they, in plain-view, from the outside, see illegal activity going on. Unless you allow them to come in and search your home, they can not enter without permission or a warrant. The warrant needs to state specifically, what they are looking for. The police are not able to enter your home and just start looking every where. If it is determined that the evidence found was illegally seized, it will be suppressed and not be able to be introduced at trial.

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