Law that protects you from police coming to your house for one thing and arresing you for contraband10/11/2023 ![]() This might come up in a situation where the police have been called to the house for some issue unrelated to drugs, such as a noise complaint or a domestic situation. If the police come to your door and see drugs in the home when the door is open, then they may enter without a warrant. Even though your home is your castle, your home is not a safe harbor. If the police witness you commit a felony such as buying or selling drugs and you run from them (i.e., take flight) into your home, then the cops are permitted to follow you into your home. As you will see, the reasons for such intrusions typically come from the exceptions to the warrant requirement that we have discussed earlier. Yet, even when it comes to a person’s home, there are times when the police are allowed to enter without a warrant. That is why the Supreme Court has been clear that a “basic principle of Fourth Amendment law is that searches and seizures inside a home without a warrant are presumptively unreasonable.” ![]() Indeed, one’s home holds a special place in constitutional law as representing a space of privacy that is beyond the reach of the government. The idea that a “man’s house is his castle” is a centuries old principle that has been honored by the United States Supreme Court since the birth of the nation. Can A Cop Enter My Home Without A Warrant?
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