No, under almost every circumstance the law requires that law enforcement officers have a warrant before they enter your home. The Fourth Amendment’s protections against unreasonable search and seizure are strongest at a person’s home. If law enforcement officers knock on your door, you should ask if they have a warrant before opening the door. A search warrant should include the correct address and a description of the place to be searched. It should be signed by a judge. If law enforcement does not have a warrant and asks for your consent or permission to search your home, you should refuse. You are not required to allow law enforcement into your home. Law enforcement cannot get a warrant solely based on your refusal to agree to let them search your home. Law enforcement cannot punish you if you refuse to agree to a search. Even if officers have a search warrant or an arrest warrant, you do not have to answer any questions.
Saying no to law enforcement can feel overwhelming. Criminal investigations can be intimidating and scary, and many people do not understand their rights. Other people may understand their rights but not feel comfortable standing up for themselves in the face of such significant authority. At McKenzie Scott, we take pride in standing up for people who are not able to advocate for themselves. If you or someone you love is under investigation and you have questions about how to navigate challenges with law enforcement, we are here to help and offer advice built on decades of experience.