I am not a lawyer.
First, the cop is gonna do whatever he feels like. You might be found not guilty in the end, but the cop will charge if he thinks you've violated his idea of the law.
With that out of the way, does your state's statute exclude CC in the home, business, etc? For example, 18.2-308 in VA makes CC generally illegal, but then lists out exceptions to that illegality, for example in one's own place of business. Does your state make some similar exception?
Separately, I imagine it might have something to do with whether you consented to the cop being in your living room, or whether he entered with probable cause despite your refused consent. Note that some cops are slick--they'll ask for consent even though they have probable cause--it reinforces their case, and makes it harder for your attorney to argue the cop didn't really have probable cause: arguing the cop didn't have probable cause or reasonable suspicion are off the table if you consented to the entry, search, seizure, etc.