Thomas G. Fallis, P.A.
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When can the police search my home?

Civil liberties are often hard to figure out. There are certain rights you have but you may not know exactly what they are and whether or not there are limitations to them.

Search and seizure is one of these hard to figure out topics. You have privacy rights within your home, but the police also have rights to find out information in relation to crime and criminal behavior.

When are the police allowed to search your house?

Warrants

The police only have the right to search your home if they have a warrant in their possession when they arrive at your house. If the police do not have a warrant you do not have to let them search your home. You cannot be arrested or otherwise punished for this.

What is in a warrant?

A search warrant lets the police enter your home and look for specific items. They can take these items into their custody if they find them.

A warrant must have a judge’s signature, place they are searching and a description of items they are looking for. It should also include the date, your name and your address.

Only search warrants allow the police to enter your home and look through your property. If the police have an arrest warrant, they may enter your home to look for the person. They can also take items for evidence that are in plain sight but they cannot search your home for anything besides the person they are looking for.

Can they search without a warrant?

There are a few different ways the police can search your house without a warrant. If you give officers consent to enter and search your home, this is a legal. If your roommate or another member of your family living in your house lets the police into your house to search it, this is also allowed.

It is important that you know your rights and civil liberties. Be sure you know what you are entitled to so you can protect your privacy and avoid legal trouble.

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Thomas G. Fallis, P.A.
2064 Park Street
Jacksonville, FL 32204

Phone: 904-717-6684
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Proud Members of the Following Organizations:

  • ABA Defending Liberty Pursuing Justice
  • National Association Criminal Defense Lawyers
  • The Jacksonville Bar Association
  • Florida Association Criminal Defense Lawyers
  • ACLU American Civil Liberties Union