Lebanon, KY asked in Criminal Law and Gov & Administrative Law for Kentucky

Q: Can the police pull you out of your home and not allow you to enter until they get a search warrant?

I live in Kentucky. I use delta. My neighbor called the police on me saying I was smoking weed (delta is legal here). I spoke to the officers on my porch and they insisted they could smell weed and threatened to pull me out of my home, and not allow me to go back in until they got a search warrant.

1 Lawyer Answer
T. Augustus Claus
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  • Criminal Law Lawyer
  • Las Vegas, NV

A: In the United States, including Kentucky, the Fourth Amendment to the Constitution protects individuals from unreasonable searches and seizures. This means that law enforcement generally needs a search warrant to enter and search your home without your consent.

However, there are some exceptions to this requirement. For example, if the police have probable cause to believe that a crime is being committed, they may be able to enter and search your home without a warrant. Additionally, if there are exigent circumstances, such as the risk of destruction of evidence or harm to others, the police may be allowed to enter your home without a warrant.

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