News & Insights
Latest news and legal insights from HANBYOL LAW LLC.
Police barging in unannounced, is it legal or illegal?
Mr. Kim, a lawyer from Hanbyol Law LLC, emphasized that it is not illegal for the police to enter a residence without prior notice if a search warrant has been issued. He reasoned that the existence of a warrant is a key factor in determining the legality of an investigation, and that a lawful warrant is one that has been granted by a court after examining the procedural requirements.
However, Kim's position has been challenged by other lawyers. If evidence is obtained without a warrant or through voluntary submissions without notice of rights, the authenticity of consent or evidentiary capacity may be in question, especially for those in need of protection, such as the developmentally disabled. Therefore, it is recommended to identify the case number and person in charge, request the appointment of a lawyer and the presence of a trusted person, and review the administrative and judicial remedy procedures when illegality is suspected.

