When are police allowed to search my home?
The Supreme Court has ruled that the home is entitled to maximum protection from police searches and seizures. Specifically, the court has ruled that even if police have probable cause to believe that something illegal is going on inside your home, the 4th Amendment requires them to get a signed warrant from a judge to legally enter and search.
Clip from the DVD, BUSTED: The Citizen's Guide to Surviving Police Encounters
The major exception to the search warrant requirement is where consent is given to an officer's request to enter. If, for example, an officer is legally invited into your home, any illegal items that are out in the open -- or in "plain view" -- can be seized as evidence, which can lead to an arrest. That being the case, it's always wise to keep any private items that you don't want others to see out of view of your entrance area.
As is often the case, a naïve friend, family member, or roommate may invite police into your home. So they too should be aware of their right to refuse police entry.
The other less frequently invoked exception to the warrant requirement falls under the category of emergency -- or exigent -- circumstances where there's immediate danger. For example, if police enter your home in pursuit of a violent criminal suspect, any illegal items in plain view many be seized as evidence.
(See also "How do I keep police from searching my home?" & "Can someone else consent to a search of my property?")
