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How police obtain evidence without a consent to search 

On Behalf of | Feb 18, 2023 | Criminal defense

As you may know, you do not have to give the police consent to enter your home. If they ask to come in and perform a search for evidence of criminal activity, you can tell them that you do not allow them to enter your property. This doesn’t mean you’re guilty or that you have anything to hide. You simply have this right as a property owner.

However, there are tactics that the police can still use to obtain evidence. It’s important to know what these are, so let’s examine a few of the options they have.

Getting a warrant

First of all, if the police can get a warrant, then they no longer need your consent. They will need to go to court and present probable cause that illegal activity is happening or that evidence is on the premises. If a judge gives them a warrant, they can present this to you and use it to enter your home.

Items in plain view

Another thing the police sometimes look for is evidence that is in plain view. Even if it is on your property, they may still be able to use this as justification for a search or to seize that evidence.

Searching through your trash

Another tactic they may utilize is simply looking in your trash. Your expectation of privacy only applies as long as that trash is still in your house. The police will simply wait for you to roll the bin to the curb, and then they can collect the trash or search through it at that point.

Your defense options

If you end up facing charges, especially if you have questions about the way that the police obtained their evidence, it’s quite important to know what legal options you have.