The Bill of Rights extends several key protections to those facing scrutiny from the state. For example, the Fourth Amendment protects people against unreasonable searches and seizures of their property. The Fourth Amendment largely protects people from involuntary, inappropriate searches conducted by law enforcement professionals fishing for a reason to arrest them. Officers usually need a warrant or permission to access private property to conduct a search.
However, there are certain unusual scenarios in which police officers could force their way onto private property without violating the law or the civil rights of the occupants living at the property. When can police officers lawfully force access to a property to conduct a search?
When they have a no-knock warrant
In scenarios where law enforcement professionals believe that a person might represent a threat to the police, they can request a no-knock warrant. Specially-trained teams then serve the warrant while breaching the property. No-knock warrants often involve the use of devices to break down doors and flashbang grenades. Showing an individual has ties to terrorism or organized crime is often necessary to justify a no-knock warrant.
When they hear a crime in progress
Police officers can conduct physical searches in cases where they have probable cause to believe there is a crime in progress. They might hear someone screaming for help inside a home. That could justify the decision to force entry and search the property. The Supreme Court has even ruled that sounds that indicate the destruction of evidence, including toilets flushing and paper shredders running, can justify forced entry into a home to preserve evidence.
When they are in the middle of a hot pursuit
Police officers pursuing an individual from the scene of a crime may have to access multiple properties during that pursuit. They may be able to force entry into a yard with a fence or into a residence that they believe a criminal may have accessed. However, court rulings limit police activity in such cases. The crime typically needs to be severe enough to warrant the degree of force used by the police.
Understanding when a search of private property may have violated a defendant’s civil rights can help people as they work to establish a defense strategy. Proving that a search was inappropriate or illegal could help to render evidence inadmissible and could be a key element of a successful criminal defense strategy.
