When you get an unexpected knock on the front door of your primary residence, you may become further blindsided when you spot a law enforcement officer standing on the other side of it. Your initial reaction may be to deny them entrance into your personal residence, that is, until they flash a search warrant before your eyes. Well, should you ever find yourself in such a predicament, please read on to discover whether the police must obtain a search warrant before entering your house and how a seasoned Morristown criminal defense lawyer at Graves Andrews, LLC can help you understand your rights at this time.
Do the police need to obtain a search warrant for my house?
According to New Jersey law, the police are generally required to petition to obtain a warrant from the courts before they can search your home. In this request, they must show the judge that they have probable cause to believe that there is evidence of a crime in your home. Further, they must describe the specific areas, people, and items to be searched in your home at this time, along with a set date for when this is scheduled to take place.
In short, only if the judge provides their signature at the bottom of a search warrant should they have valid grounds to enter your private property. However, much like anything within the law, there may be some exceptions to needing a warrant, and they read as follows:
- The police claimed they received your oral consent to enter your house without a tangible warrant.
- The police deem there is an emergency taking place in your house (i.e., a domestic violence incident).
- The police can see contraband, evidence of a crime, or items to seize in plain view from outside your house.
What areas are the police not allowed to search at this time?
To reiterate, a law enforcement officer’s warrant must detail the exact areas, people, and items they plan to search for and potentially seize. Therefore, you may have the right to refuse a search of your property not disclosed in the warrant.
For example, an officer may attempt to approach your curtilage, which may be the porch, garage, and backyard around your house. Specifcally, they may search the vehicle parked inside your garage. However, you may later on claim that this was an unlawful search and seizure in your criminal case proceedings, in an attempt to have this acquired evidence dismissed from your case altogether. Here, be prepared to defend against claims of probable cause.
If you need legal representation fast, a competent Morristown criminal defense lawyer is prepared to step up. The team at Graves Andrews, LLC looks forward to meeting you, working with you, and helping you.
