Most of us consider our home to be a safe space, a place where we can come to seek refuge from the world outside. That’s why it can feel like such an intrusion on our privacy if anyone, including the police, comes into that space and searches through all of our personal belongings.
There are legal restrictions on when the police are allowed to enter your home, and it’s important to be aware of these restrictions. If the police have come to search your home, with or without a warrant, it’s imperative that you seek legal assistance at the earliest opportunity available.
When can the police enter your home?
The police can enter your home for a number of different reasons, even if they don’t have a warrant. These include the following.
You grant them permission
The police are able to search your house without a warrant if they ask to enter and you proceed to invite them in. It’s important to note that this tends to depend on you providing them with your consent – if they ask to enter, and they don’t have a warrant and no other circumstances that we’ll explore later apply, then you can often simply say no.
Someone else grants them permission
This will also apply if they ask to enter the property and someone else who lives there gives their permission. Your landlord generally isn’t legally permitted to grant the police access to your home, unless the police have a warrant.
They have a search warrant
If the police do have a warrant to search your property, then they are allowed to enter your home with or without your permission. If there is no one in when they come around, then they are allowed to force entry, and as long as the search is carried out in a legal manner, then they can not be held responsible for any of the damage they cause while carrying out that search.
In the interest of justice
The police can enter a home if they can argue that the delay that would occur while they try to get a warrant could defeat the interests of justice. This could be argued for example if the police believed that the occupants of the home would likely destroy evidence related to a criminal investigation.
After an arrest
The police are able to search a property after they carry out an arrest. They must however have grounds to believe that the search will provide access to evidence that’s connected to the offence. This will require the authorisation of a police officer at the level of inspector or higher.
Other circumstances
Besides the reasons listed above, the police can also enter your home without a warrant if they need to:
- Prevent a breach of the peace from occurring or stop an ongoing breach of the peace
- Arrest an individual who is the subject of a criminal investigation
- Complete a mental well-being check
- Save a lave
If the search is unlawful, or evidence is taken in an unlawful manner, then it will not be useable in a court or law. It must then be considered inadmissible, even if the police believe that it would be instrumental in your conviction. As a result, it’s important that you have a solicitor on hand to help find out if the search was carried out in a lawful manner or not.
What will the police do during a search?
During the search, the police can look wherever they like in your home. They are also allowed to seize items if they believe that it was gained through illegal means or were used to carry out a criminal offence.
They can also take any other items that they believe will be able to assist them with their criminal investigation, including phones and other digital communication devices. They can then hang onto those items until the investigation is over, and there is little that can be done to expedite their return.
Material protected by legal privilege
The only things that the police aren’t allowed to take are materials related to legal advice that are protected by legal privilege. This would include any material containing information shared between you and your solicitor. The police will also need to get a special warrant if they want to take certain items, including journalistic materials.
What you can do
If the police are searching your home, either with a search warrant or for one of the reasons listed above, then you can’t stop them. Trying to stop them can have serious legal ramifications.
You can film the police while they are searching the property, however, if they believe that the device you’re using to record them is relevant to the investigation, they can confiscate that as well while you’re filming. You may be able to access it at a later date, but probably not until the investigation is over.
It is also permissible to request that the police wait until your solicitor arrives for the search to start. The police do not have to agree to this request, and as a result, it’s unlikely that they will do so.
Seeking legal assistance
If the police have come to search your home, especially if they have a warrant, then it is likely that you are the subject of a criminal investigation. You should reach out for legal advice as soon as possible, to limit the damage. Your criminal defence solicitor will be able to help you to:
- Prepare your answers for any police interviews under caution you need to attend, remaining present during the interview itself
- Prepare your legal defence, representing you in court should it be necessary
- Ensure that the law is applied in a fair and just manner throughout the investigation
- Take you through the appeals process if needed
In almost all cases, the more time your solicitor has to help you, the better the results will be. In addition to the practical support, they’ll be able to let you know what’s likely going to happen next, helping to bring you at least a little peace of mind.
If you’re facing charges or require further advice specific to your legal questions, reach out today by calling on 0161 234 0020 (MANCHESTER) / 0203 053 8625 (LONDON) / 07956 555797 (24 HOUR). You can also contact our team of solicitors directly.
