In the state of New York, it is well established that when police officers have a valid warrant from a judge, they are legally allowed to search a resident’s private property whether the resident likes it or not. What happens, though, if the officers do not have a warrant? Can they still get permission to search by asking for consent of the person living in the home?
New York Case Law’s Answer
In answering this question, New York case law is clear:
“‘[T]he police may lawfully conduct a warrantless search when they have obtained the voluntary consent of a party who possesses the requisite degree of authority and control over the premises or personal property in question.'”
Put another way, if a police officer asks for permission to enter a private home, and if a person with “authority” tells him he can search the home, the officer can do so legally. A person with “authority” could be an owner or a resident of the home, whether that person is the suspect of the crime at issue or not. If, however, the officer wants to search a private bedroom, a resident without access to that bedroom might not have the requisite “authority” to let the officer enter. The burden is on the Police and the Prosecutor to establish that there was voluntary consent.
The Takeaways
This rule applies whether or not the officer has a warrant to search the home. It is important to note that the police are not required to inform residents of their right to refuse consent. Thus, homeowners shouldn’t wait for an invitation from law enforcement to refuse a search.
The takeaway is clear: if you have an officer that knocks on your door in an attempt to search your home, and that officer does not have a warrant, you do not need to let him in. You have every legal right to tell the officer that he does not have permission to enter your home. If you have found yourself in this situation or a situation that sounds similar, contact a New York criminal defense attorney as soon as possible.
Do You Need a New York Violent Crimes Attorney in Your Corner?
At Tilem & Associates, we fight to protect your rights and freedoms with everything we have. If you or a loved one is facing criminal charges in the state of New York, don’t wait – the sooner you get in touch with one of our qualified, detail-oriented New York violent crimes attorneys, the better. Our firm believes that the client’s needs and priorities always come first, and we are committed to working relentlessly to get you the best possible outcome as we litigate your case against the State.
For a free and confidential consultation with a New York violent crimes attorney at Tilem & Associates, you can reach us by phone at 877-377-8666. If you prefer, you can also fill out our online form to tell us about your case and have a member of our legal team reach back out as soon as possible regarding next steps. Our firm handles DUI cases, drug offenses, assault and battery, theft, firearms charges, violent crimes, and more.