In many cases, police officers need your consent to enter your home. If an officer knocks on the door and asks to come inside, you can refuse and they can’t force their way in.
In other cases, officers will get a search warrant. Even if you don’t give them your consent, they can still come inside as long as it is authorized by the warrant.
But what if the officer is chasing someone who enters the house? Maybe the officer believes one of your family members has been illegally selling drugs. They’re pursuing that person on foot when the person enters your home. Does the officer still need a warrant or consent to continue the pursuit?
The hot pursuit doctrine
No, police officers typically do not need consent or a warrant to enter a home when they’re in hot pursuit. They can continue to pursue the suspect, especially if they think that that person may destroy evidence or if they believe the suspect poses a threat to the general public. The officers may not have any time to get a warrant or take other administrative steps, so they just have to enter the house and make the arrest as quickly as possible.
That said, if the person is arrested and the case goes to court, the officers will need to show that they had a valid reason to enter the home. They cannot just force their way inside, arrest someone and then later make up a story about how they were pursuing that suspect. If they do, it could be a violation of that person’s rights, which could have a major impact on the case – evidence gathered during the illegal search may have to be excluded from the trial.
Your defense options
If you or a family member has been arrested, it’s important to understand all of the defense options you have. This is especially true if you think the police may have violated your rights or broken the law during the arrest.