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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 30167
Experience:  Criminal Justice Degree, JD with Criminal Law Concentration. Worked for the DA and U.S. Attorney.
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what is my right when i refuse the officer no you may not come

Resolved Question:

what is my right when i refuse the officer no you may not come in 3x, but intentionally invited himself into the house to search the house.
Submitted: 6 years ago.
Category: Criminal Law
Expert:  Lucy, Esq. replied 6 years ago.

My name is XXXXX XXXXX I'd be happy to answer your questions today.

An officer may not enter a private residence without consent of the owner, exigent circumstances, or a search warrant (or, in some cases, an arrest warrant for a person who lives there). If the officer didn't have any type of warrant, and you refused entry, he has to be able to show exigent circumstances to enter. Your refusal to allow entry cannot be used as the reason for entering - if it could, the Fourth Amendment would effectively be pointless. Exigent circumstances are things like a cry for help, to protect someone from harm or prevent the destruction of evidence. The only other reason an officer would be allowed to enter is if he was aware that the person living there was on parole, as convicted felons have limited fourth amendment rights while on parole.

Outside of those circumstances, the officer has no right to enter. If they are prosecuting you based on evidence that was found, you can move to suppress all of the evidence as the fruit of a poisonous search. Then, if the motion is granted, you will likely be able to file a motion to dismiss the charges, unless there is independent evidence.
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