Police at Your Door: When They Can and Can’t Come Inside

The loud knock, the authoritative voice - “Police, open up!” - can make even innocent homeowners freeze. Yet the Fourth Amendment, echoed in Article 1, Section 11 of the Indiana Constitution, protects your home with a force unmatched anywhere else. The guiding principle is simple: officers need a warrant, consent, or an exigent circumstance to cross the threshold. Understanding those three doors is critical.

Warrant. A judge’s signature on a properly supported affidavit gives police the right to enter and search the areas described. Always read the warrant or have your attorney do it - before yielding. If officers exceed the listed scope (searching a garage when only the living room is authorized), evidence can be suppressed.

Consent. The easiest path for police is simply getting you to invite them in. They might phrase it casually - “Mind if we take a quick look?” - but your “Yes” waives warrant protection. You may politely decline: “I’m not comfortable with that; do you have a warrant?” If another adult occupant gives permission, the entry is still valid unless you expressly object and are legally present to do so.

Exigent Circumstances. Emergencies allow warrantless entry: chasing a fleeing suspect, hearing screams, smelling natural-gas leaks. Courts balance public safety against privacy, so claims of exigency must be immediate and pressing, not based on vague suspicions.

Once inside, officers may seize evidence in “plain view,” expanding the search incidentally. Refusing entry is not obstruction; it is exercising a constitutional right. After the encounter, document everything while memory is fresh: time, names, statements. If property was taken, request a receipt. Your attorney will assess whether the entry met legal standards and, if not, file a motion to suppress. If the entry was illegal, not only can evidence be suppressed, but you may recover damages through a civil-rights action - though those suits face immunity hurdles. A swift consultation could preserve surveillance footage and 911 recordings that otherwise could be purged. Your home is your castle; know the keys and guard the moat. 

Need to speak with a lawyer? Contact Brinkley Law today at 317-766-1379.