Indianapolis, IN asked in Civil Rights and Criminal Law for Indiana

Q: do the police have a right to tell me and everyone else to get out of our room during a pop up inspection?

If someone in my home is on house arrest do the police have a right to tell everyone to go to the living room while they search my WHOLE house during a pop up inspection? This person has their own room .

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1 Lawyer Answer
William Jaksa
William Jaksa
  • Criminal Law Lawyer
  • Toronto

A: In many jurisdictions, this type of behaviour by police to not permitted. Check the terms of the house arrest of your housemate. Are there terms that they agreed to that allow police to search the house? Usually, with a few limited exceptions, police only have authority to enter and search with a search warrant or with consent. My concern is that the police may be using the limited powers under your housemate's release terms to conduct broader searches. Never give police consent to search outside the scope of the terms on the house arrest.

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