Can the police search your house without a warrant? What about with a warrant? Understanding exactly when and how the police can search your home is an essential part of knowing your constitutional rights and protecting your freedoms. The Constitution protects you from unreasonable searches and seizures, but this doesn’t mean there aren’t ways for police to legally enter and search your property without a warrant.
This article will delve into some of the crucial aspects of search warrants, explain illegal search and seizure, and give you an idea of what you can do if the police come knocking on your door.
If you’re worried about the police taking advantage of your rights and aren’t sure who to turn to, call Thiessen Law Firm at (713) 864-9000 today and ask us to make sure you’re protected.
The Fourth Amendment — or the no search without a warrant amendment
Many people are under the impression that the police can under no circumstances enter their homes or search their vehicles without first presenting a warrant, and while this is untrue, it is based on a very important piece of statutory language, one of the cornerstones of American privacy and personal freedoms: The Fourth Amendment.
The Fourth Amendment reads:
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
The Fourth Amendment is intended to protect citizens from arbitrary or wanton material invasions or invasions of privacy by the government. As the amendment itself states, for searches to be warranted, they generally have to be supported by a warrant based on probable cause.
Read more about being read your rights and the Miranda Warning in Texas
What counts as reasonable suspicion?
Before we get into what makes a search legal or illegal, we need to define a couple of important terms. Namely, reasonable suspicion and probable cause. Reasonable suspicion is more often discussed in reference to searches of your vehicle rather than your house, but defining the concept is still important.
Reasonable suspicion, or reasonable articulable suspicion, is what the criminal justice system uses as a standard to determine whether stops (and searches) by the police are legal. In order to make first contact with an individual, or an “investigatory stop,” the officer needs to suspect that that individual is violating a law based on evidence that a reasonable person would agree with.
Some common reasonable suspicion examples include:
- Swerving between lanes of traffic
- Traffic violations like running lights or stop signs
- Evidence of drug or alcohol use in a car, or drug use at home
- Evidence that someone else is being harmed on the property
What is probable cause in Texas?
Probable cause, on the other hand, is what is required for the police to make an arrest — or for the magistrate to issue a warrant. Probable cause occurs when a police officer is confronted by facts or circumstances that would lead the same reasonable person to believe that a crime is currently being committed.
If this sounds a lot like reasonable suspicion, it’s because it is. You can remember the difference between the two like this: if you’re suspicious, you can get pulled over — but they’ll only arrest you if there’s good cause.
For the purposes of police searching your home, you’re likely far past the point of worrying about reasonable suspicion, and should only be thinking about probable cause.
Some common probable cause examples include:
- You have already fled from authorities
- You are considered a threat to public safety
- You committed a crime that is somehow connected to your residence, through evidence or ongoing criminal activity
- Police have reason to suspect illegal activities are happening on the property
What is illegal search and seizure in Texas?
Under the Fourth Amendment of the U.S. Constitution, citizens are protected from illegal search and seizure — but what is illegal search and seizure?
This term is used to describe searches and seizures of property that have been conducted without valid warrants, probable cause, or other applicable exceptions (more on that later). If you are a victim of illegal search and seizure and your attorney can prove it, it might mean that the evidence obtained in the search will be made inadmissible in court.
Police don’t always follow procedure, and you would be surprised how often evidence for an arrest is obtained the wrong way. This is a common defense that skilled Houston DWI lawyers use to secure dismissals for their clients accused of DWI.
Read more about your rights during a traffic stop in Texas
Can police enter private property without permission in Texas?
Can police enter your house without permission? That depends. We’re going to lay out a few scenarios to help you know what to do if the police show up knocking.
If police knock on your door and they don’t have a warrant, then you do not have to answer the door. You are well within your rights to ignore the person at your front door whether they hear you inside or not and whether they’re a police officer or not.
However, even if they don’t have a warrant, there are instances where you might want to consider opening up the door anyway — like if something is going on with a loved one that you need to be notified of.
But if you’re worried, it’s still a good idea to ask the police officer through the door why they’re at your home. If you open up your door and they see or smell something suspicious, they might have enough probable cause to search your home without a warrant.
Long story short, to answer the question, “Do you have to answer the door if the police knock?” — if they don’t have a warrant, no, you do not. But if they have a warrant, that’s a different story.
What do you do if the police show up with a warrant?
So let’s say you ask the police officers (through the closed front door) why they’re at your house, and they claim to have a search warrant. What then? And what happens if you don’t consent to a search?
There are a few steps you should take. First and foremost, let’s revisit the knocking. Like we said earlier, it’s best to yell through the door, but that’s not your only option. Here’s what else you can try:
- You could open the door. But again, if they don’t actually have a warrant, they might find something that could give them the right to search your home right then and there. If you decide to do this, only open the door a crack or walk completely outside and shut the door behind you.
- Go around back and meet the officers in front. However, this might only make it easier for them to arrest you and then subsequently, search the area around you (aka, your home).
- Stay where you are and call an attorney, especially if you know there’s a warrant out for your arrest. Here’s what to do if you have a warrant in Texas.
Whatever you decide to do — whether you ignore the knock, yell through the door, or meet them out front — be careful not to be fooled by anything they say. Just because they yell at you to open up the front door, doesn’t mean you have to. Remain calm, contact your lawyer, and stay quiet.
If the police claim to have a warrant, here are some steps you can take:
- Ask them to slip the warrant underneath the door.
- Review the warrant entirely before opening the door. This includes full names and addresses. We’ve all heard the horror stories of the SWAT team kicking down the wrong door and injuring or killing innocent victims inside the home.
- If any of the information is incorrect, try to inform the officers of this before you open the door. If they do have the wrong person (let’s say, a previous tenant or someone with a similar name), then you want to avoid any potential harm that could come to you. And keep in mind, if the information is inaccurate, you do not have to open the door.
- If the warrant is valid, open the door and let the police officers know that you do not consent to the search. Pay careful attention after you let the officers inside your home. Document where they go, what they look at, and what areas they enter. Don’t be combative and do not interfere with their search. During this process, you want to make sure that what they do and where they go falls in line with the search warrant. For example, they may not have the right to search your vehicle. Here’s how to answer the question, “When are police allowed to search your car?”
- Do not answer any questions you don’t feel comfortable answering. And remember, call your attorney as soon as possible (don’t wait until the police officers are gone to do this.)
When can police search without a warrant?
Although you can ignore the door and deny police officers entrance if they do not have a search warrant, there are some circumstances where a search might be permitted without a warrant.
- You or another resident permits them to do so. Keep in mind that some police officers may try to trick you. But remember, you always have the right to refuse a search if there is no warrant. Don’t allow them to make you think they have the right to search when they don’t. (Speaking of tricky, here’s everything you need to know about unmarked police car laws in Texas.)
- They see something suspicious. This is why you don’t want to open the door if the police are knocking. If they see something like stolen merchandise or smell weed, they will have the right to search your home.
- There is an emergency. If a police officer believes you have just committed a crime and/or there is evidence that could be destroyed before a warrant can be processed, they may have the right to search your property.
Whatever the case may be, if officers search your home without a warrant, always make it clear that you do not consent to the search. And again, document everything and call your lawyer.
Police at your door? Call Thiessen Law Firm for help.
So, can the police search your house without a warrant? Yes. There are circumstances in which the police can legally search your home without a warrant — but more importantly, if police officers are hell-bent on getting into your home, it might not be worth it to stop them.
Sometimes all you can do is state clearly and politely that you do not consent to any searches of your person or property before calling your lawyer.
At Thiessen Law Firm, our team has years of experience fighting for the rights of Texas citizens just like you. If you wake up to the unpleasant surprise of the police knocking down your door — whether or not they have a warrant — keep yourself and your family safe, and call us to defend your rights.
Call Thiessen Law Firm today at (713) 864-9000 or contact us online to schedule a free consultation.
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- What Happens After Being Arrested for a DWI
- What Not To Do After a DWI Arrest
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- Can a Breathalyzer Test Be Wrong?
