A Search of Your Home – What the Police May Do and What Your Rights Are
Police officers at the door asking to come in and search are a confusing and stressful moment. It is precisely in those minutes that questions which will follow the entire case are settled: whether the search was lawful, what was seized, and what was documented.…
Police officers at your door asking to enter and search can be confusing and stressful. Yet these are the very minutes in which questions affecting the whole case are determined: whether the search was lawful, what was seized, and what was documented. Knowing the rules beforehand is the most practical protection.
Searches with and without a warrant
- A search with a warrant — As a rule, searching a home requires a judicial warrant. The warrant specifies the location and purpose of the search.
- A search without a warrant — A specific statutory power and conditions appropriate to the case are required. Urgency or concern about destruction of evidence does not in itself provide blanket permission to search any home; the grounds, type of offense, and circumstances must be examined.
- A search by consent — In appropriate cases, informed consent may authorize a search even without a warrant. The officer must explain that you have the right to refuse and that refusal will not be held against you; the validity and scope of the consent must be examined.
What to check when the police arrive
- Presentation of the warrant — Ask to see and read the warrant. Check the address, date, and scope of the search.
- The officers' identities — Ask for their names and roles.
- Witnesses' presence — As a rule, a search is conducted in the presence of witnesses who are not police officers, unless the circumstances do not permit it.
- Documentation — Make a note of what was seized, where it was taken from, and at what time.
What happens to seized items
Every seizure must be recorded, and you are entitled to receive confirmation of the items taken. Seized items may be used as evidence, and sometimes their return can be requested once they are no longer needed for the investigation.
An unlawful search
A search that exceeds the warrant or is conducted without authority may give rise to significant legal arguments, including an application to exclude evidence. These arguments are built on small details, which is why documenting events as they happen is so important.
Frequently asked questions
Must you let police enter without a warrant?
As a rule, it is necessary to establish whether there is a warrant or an appropriate legal power for a warrantless search. When consent is requested, it must be informed, following an explanation of the right to refuse and that refusal will not be held against you. Do not physically obstruct the search; document the request and explanation and seek advice.
What should you do if the search goes beyond what the warrant says?
Do not physically interfere, but document exactly what was done and raise it later. Exceeding the warrant provides a basis for substantive legal arguments.
May you film the search?
It is advisable to record details: times, names, and what was taken. If permission is refused, do not confront the officers; make a written record immediately afterward.
What to do immediately after a search
Do not wait for a summons for questioning. Contacting a lawyer immediately after the search allows details to be preserved while fresh and the lawfulness of the procedure to be examined right away.
Attorney Israel Arama, formerly of the Tel Aviv District Attorney's Office, examines searches and seizures from the perspective used to assess evidence in the prosecution and knows where a hurried procedure can create a substantive flaw.
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