In most cases, when the police want to search someone’s home, they start by seeking consent. They may simply ask you if they can come inside and take a look around. You are not obligated to provide them with consent, but some people do.
If they can’t get your consent, then the police may have to get a search warrant. This will typically only be valid for a short amount of time, and it should tell the police what evidence they can look for and where they are allowed to search on your property. For instance, it may say that they can enter your house during normal business hours, sometime in the next three days, to seek evidence of illegal drug possession.
But one of the exceptions to this rule is when the police are in hot pursuit of a suspect. This may allow them to enter without your consent or a warrant. Why does it change the requirements?
Time constraints
The big issue is simply that the police are facing time constraints and do not have the time to get a proper search warrant. They have to act quickly so they can enter the home.
For example, say that the police see someone selling illegal drugs. They give pursuit on foot, and the person runs into a home. The police may be able to immediately enter that house to apprehend the suspect. They don’t have to wait for a warrant or consent from the homeowner.
That said, the police do have to show that these circumstances justified their actions. They can’t simply force their way inside and then make up an excuse after the fact. So, this could still be an illegal search and seizure, and that’s why it’s important for defendants to understand their legal options.