A Proven Criminal Defense Team

The police need someone’s permission to enter

On Behalf of | Jan 23, 2023 | Criminal Defense, Criminal Law |

Many understand enough about the law to know that an occupant or resident is not required to allow entry to law enforcement unless there is a search warrant. Still, many will oblige an officer who asks to enter a home. Those living with college roommates, family members or friends may find that other occupants in the house let officers in despite the likelihood that the officer will find incriminating evidence.

Is this allowed?

Generally speaking, any occupant can legally permit the officer to enter. That being said, each occupant in the home has equal rights, so another roommate can say that they do not give permission to the officer wishing to enter. If one occupant requests a warrant, the officer will likely need to get a warrant despite the other two allowing entry.

This issue can be a problem if the resident wanting a warrant is not home when the officer requests entry. In this case, the police can legally enter the house, gather evidence or conduct a search.

Defendants can still fight the allegations

Even if the defendant is not home during the investigation, the accused resident still has many rights. Those who find themselves in situations where a housemate made a mistake can contact a criminal law lawyer who can fight to protect the interests and rights of their client. Those with questions about this issue and others involving search and seizure can consult with an attorney who handles criminal defense here in Colorado.