Nebraska Drug Trafficking Lawyer: Can The Police Break In Your Home?

One of the most common questions that we get is this one: Can the police actually break into my home? As a Nebraska drug trafficking lawyer, this is an interesting question because people often claim they didn’t give consent to the police to search their homes, but sometimes they do in the heat of the moment - and other times, the police get permission from an outside source such as a warrant or the law.

The general answer to the question is no, the police cannot break into your home. They must knock and officially announce their presence and then you have to allow them inside (much like a vampire). Colloquially, this is called the “knock and announce” rule. Most police forces will abide by this simply because it is the law, but it was put into place to help reduce the number of violent interactions homeowners had with the police. If you hear someone in your home, you often don’t question whether or not it is the police. Instead, you may arm yourself with something to protect your home and walk into an even more dangerous situation.

It is important to know that once the cops knock and announce themselves, they only have to wait for a little bit before they are permitted to make a forced entry. That time can vary by the situation or by state. Sometimes, it is only a few seconds (generally for small apartments or hotel rooms).

When Can Police Enter My Home Without Permission?

Police can enter your home without a warrant or permission to enter in a few different cases. The first is if you were outside engaging with the police and ran into your home. This is quite common - you cannot simply outrun them. What police cannot do, typically, is going door to door looking for someone if they aren’t sure what house he went into in the first place.

Police can enter a home without permission if they believe that someone is being seriously injured or getting killed. They need to enter to provide emergency aid to those insides. This can happen if they see someone in distress, someone outside heard a gunshot or someone screaming, or someone dialed 911.

In terms of drug trafficking cases, the police are able to enter your home if they have reasonable grounds to believe that there is evidence within your home for drug trafficking. For example, they found many marijuana plants outside, your car is filled with equipment, or they can see it from the open door.

Police can also enter your property if they believe that there is a child who is being abused, is neglected, or is a runaway.

Finally, the police can enter your home with your landlord, who has the right to enter your home in the case of an emergency.

Police Will Often Have Warrants In Drug Trafficking Cases

Of course, the police will often have warrants so that they can get into homes without permission. In the case of drug trafficking suspicions, it is often quite easy for them to get the permissions that they need from the court system. Drug trafficking is a serious offense and they want to quell the number of sales as quickly as possible.

Contact A Nebraska Drug Trafficking Lawyer As Soon As Possible

If you have been charged with drug trafficking in Nebraska, you need to retain an experienced lawyer as soon as possible. No matter what, a drug trafficking charge can have far-reaching impacts on your job, housing, child custody, and general reputation in a community. It can be much more difficult to get a keep a job if you have any kind of drug charge in your history - if you are able to have your freedom at all. Many courts try to make examples out of drug traffickers.

If you or someone that you love is facing the possibility of a drug trafficking charge in Nebraska, it is in your best interest to consult with an experienced Nebraska drug lawyer immediately. With over 20 years of experience in criminal justice across almost every county in Nebraska, Dan Stockmann can help you navigate your legal situation and protect your future.

Get a Free Case Evaluation now or contact us at 402•884•1031.