Can law enforcement come into your home without a search warrant? 2 Answers as of September 15, 2011

State patrol said he did not need a search warrant to come into our home. I was not home and my husband's father-in-law said he could come in since the cop told him he didn't need one. But he doesn't have the authority to give permission to anyone to come into our home and the trooper should have known that.

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Michael R. Nack, Attorney at Law
Michael R. Nack, Attorney at Law | Michael R. Nack
The trooper will say that he had consent and they will argue that the man who answered the door had apparent authority to consent. In any event, if the search resulted in criminal charges being filed, then a good defense attorney may be able to defend the charge.
Answer Applies to: Missouri
Replied: 9/15/2011
The Unger Law Firm
The Unger Law Firm | Jeffrey Unger
It is a violation of the 4th Amendment for a law enforcement officer to perform an "unreasonable" search of your home. Normally, a warrant is required, but if consent was given, the officer can enter. Your case will stand on whether your father could give consent, or if consent was given under duress. I would strongly advise you to speak with an experienced criminal law attorney to discuss the specifics of your case.
Answer Applies to: Missouri
Replied: 9/14/2011
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