When do the police have the right to enter my house in Florida?

July 1, 2009
By Pawuk & Pawuk on July 1, 2009 12:40 PM |

This is a question that comes up time and time again and every legal answer seems to be a little different and the reason for that is every circumstance is different. Once again, it depends.

The police only have the right to enter your house when:

1. You give them consent to enter, or someone else with authority gives them consent.

2. There are "exigent circumstances" which gives them probable cause to believe that a crime is being or has been committed inside of the house.

3. They have a warrant.

Numbers 1 and 3 should be self explanatory. However, #2, is where the law gets tricky. Every situation is different.

Let me give you an example of #2. Let's say someone calls the police and says there's a runaway child inside of a house. The police go to the house and no one answers. The police see people peeking out of the windows, and hear movement inside of the house. So clearly, they have a reasonable suspicion that someone is in the house and can go inside.

Why don't they need a warrant? Because there are "exigent circumstances" that a crime is being committed and they have "probable cause" because a (hopefully) reliable source called the police and told them the child was in the house. It takes time to get a warrant. Contrary to what you may see on TV, judges and state attorney's aren't hanging out in their offices after hours waiting for some great crime to be solved. Because of this, the law allows the police to make the decision as to whether or not they believe there are "exigent circumstances" to enter a house.

DISCLAIMER: THIS IS NOT LEGAL ADVICE, MERELY A VERY BASIC SUMMARY OF THE LAW - ALL FACTS OF CASES ARE DIFFERENT. CONTACT AT CRIMINAL ATTORNEY IF YOU BELIEVE THE POLICE DID NOT HAVE THE RIGHT TO ENTER YOUR HOME.

Check out some of these videos on YOU TUBE