Typically, before entering a home to arrest someone, the police must obtain a warrant and identify themselves, explaining why they wish to enter. However, there are specific circumstances under which the police can enter without a warrant or permission to arrest someone or take them into custody. These circumstances include having reasonable grounds to believe:
- They need to enter to prevent someone inside from being seriously injured or killed.
- There is evidence in the home related to a serious offence, and they need to find that evidence immediately to prevent it from being lost or destroyed.
Additionally, the police can enter your home without a warrant or permission if they are in βhot pursuitβ of someone they have the authority to arrest. For example, if they are chasing someone from the scene of a crime and see that person enter your home.
The police can also enter your home to look for evidence if:
- They have reasonable grounds to believe there is evidence in your home, such as drugs or weapons.
- They need to act immediately to prevent the evidence from being lost or destroyed.
Furthermore, the police can enter your home for various other reasons, including:
- Providing emergency aid to someone inside.
- Protecting the life or safety of someone inside if they have a reasonable belief that a life-threatening emergency exists.
- Protecting the life or safety of people in the home if someone heard a gunshot inside.
- Preventing an imminent event if they have a reasonable belief that their entry is necessary to stop it or protect their safety or the safety of the public.
- Investigating a 911 call.
- Assisting someone who has reported a domestic assault to safely remove their belongings.
- Protecting people from injury if there is reason to suspect a drug laboratory in the house.
- Helping animals in immediate distress due to injury, illness, abuse, or neglect.
Under child welfare laws, the police can enter your home without a warrant to remove a child if they have reasonable grounds to believe any of the following:
- The child is neglected or abused and “in need of protection.”
- The child is a runaway under the age of 16 who was in the care of a childrenβs aid society, and their health or safety might be at risk during the time needed to get a warrant.
- The child is under 12 years old and has committed an act that would be an offence if committed by someone 12 or older.
However, the police cannot enter your home without a warrant simply to investigate whether a childβs mother or father is a good parent.
Landlords also have the right to enter your home in an emergency and can request a police officer to accompany them.
Unless you have notified the police not to enter your property, they can go onto your property to protect it from suspected criminal activity.
Matt Pinner is a dedicated journalist for WVPrepBB.com, specializing in USA and crime news. With a keen eye for detail and a passion for uncovering the truth, Matt brings timely and insightful reporting to his readers. His work on WVPrepBB.com keeps the community informed and engaged with the latest developments in national news and criminal justice.
