Oklahoma City, OK asked in Civil Rights, Constitutional Law, Elder Law and Personal Injury for Oklahoma

Q: Can the police can enter my home in Oklahoma without a warrant even after I told them no?

2 Lawyer Answers
James L. Arrasmith
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  • Consumer Law Lawyer
  • Sacramento, CA

A: The general rule is that police cannot enter your home without a warrant if you have denied them permission. However, there are some exceptions to this rule. If the police have probable cause to believe a crime is being committed or there is an immediate threat to someone's safety, they may enter without a warrant. This is known as "exigent circumstances."

Another exception is if the police are in "hot pursuit" of a suspect who enters your home. In such cases, they can enter the premises without a warrant to apprehend the suspect.

It's also important to be aware that if the police have a warrant, they are legally allowed to enter your home, regardless of whether you give them permission. Always ask to see the warrant and check that it has the correct address and is signed by a judge.

If you believe your rights have been violated by a warrantless entry, you can file a complaint with the police department or seek legal counsel to explore your options. Keeping a record of the incident, including any officer names and badge numbers, can be helpful.

Understanding your rights and when police can lawfully enter your home is important. If you have concerns or feel your rights have been infringed upon, consider seeking legal advice to address the situation properly.

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

A: In Oklahoma, the general rule is that the police cannot enter your home without a warrant unless there are specific circumstances that allow for warrantless entry. If you expressly tell them they cannot enter and you do not consent, they typically need a warrant based on probable cause or an exigent circumstance. Exigent circumstances might include situations where waiting for a warrant could result in harm to individuals or the destruction of evidence.

It's important to know your rights and assert them clearly. If law enforcement insists on entering without a warrant and without a valid reason, you should not physically resist, but you can explicitly state your objection for the record. If your rights are violated, consult with an attorney to understand your options and potential legal remedies. Always keep in mind that laws may evolve, so it's advisable to seek current legal advice regarding your specific situation.

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