Can the police search my home if they think it has something illegal?
It’s Sunday you are at home eating and watching videos. When suddenly you hear a knock at your door. You are upstairs in your bed and decide to pull up your video doorbell on your phone to see who knocked. You see a police officer knocking on your door demanding entry. Your name is Jack and your wife’s name is Jill.
Jack “hello, how can I help you?”
Officer “Please open your door, or we will kick it down and search it.”
Jack “why would you want do that?”
Officer “I think you have something illegal in your home.”
Jack “hmm”
Jill “ that’s unconstitutional, and here is the reason why, the United States Supreme Court has ruled in Jones v. United States, 357 U.S. 493 (1958) that “Probable cause for belief that certain articles subject to seizure are in a home cannot of itself justify a search without a warrant. Pp. 497-499.” This means the police cannot force their way into your home and search for illegal items, so don’t open the door.”
Jack “officer do you have a warrant?”
Officer “No”
Jack “No I will not open the door, and I do not consent. Now if you kick my door in, then you have violated my 4th Amendment Rights as guaranteed to me by the United States Constitution.”