Police may only enter your home without a warrant if you give them consent to enter or when they have probable cause to believe a crime has been committed and exigent circumstances exist.The Fourth Amendment protects all citizens against unreasonable searches by the government of “persons, houses, papers and effects.” The presence of exigent circumstances can justify a warrantless entry of your home only when police are in hot pursuit, or there is danger to human life inside your home, or there is a concern about the immediate destruction of evidence such as when drugs are flushed down the toilet. If the following facts apply to your case, you may have a defense: (1) The police made a warrantless entry into your home; (2) there was no probable cause to believe a crime was committed; or (3) there were no exigent circumstances. If these facts fit your case, call Minneapolis criminal defense attorney Robert J. Shane now at (612) 339-1024. Any evidence obtained by the police as a result of the illegal search must be suppressed by the judge and can not be used against you at trial. Without the use of the evidence, the criminal complaint will be dismissed by the judge for lack of probable cause.
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