NO! WHY WOULD YOU LET THEM IN, THEY ARE NOT YOUR FRIENDS!
When the police come knocking you might feel caught off guard, nervous or confused. As you quickly gather your thoughts, you may have many questions spinning through your brain. Do the police need a warrant to come into your home? What happens if you just don’t respond? Why are the police even at your door if you didn’t do anything wrong; OR EVEN IF YOU DID?
Police officers might appear at your door for a number of reasons. It is possible they think that you committed a crime, but they also could just be looking for someone with the same name or trying to track down a suspect who recently was in the neighborhood. Whatever the case may be, police should respect your constitutional rights. The Fourth Amendment to the U.S. Constitution gives you rights against any “unreasonable searches and seizures.” The question is, what do these protections mean for you when police are at your door and demanding to speak with you?
The police can enter your house under certain circumstance:
· Exigency (legal emergency)
· Chasing a fleeing felon/suspect
· With your permission
· With a search warrant.
Do I have to let the police in my house?... if they have no search warrant?
NO! There are exceptions but generally the answer is no. Absent an emergency and if you did not call the police, do not have to allow them inside your house.
You should never open your door for the police if you did not call them, you do not need their help, or do they have a search warrant. Know your rights!
If they try to step inside, tell them they are not authorized to come inside without a warrant. You can choose to speak through an open door or window but that runs the risk of you saying something which could later be used against you.
Best practice is to not talk to the police unless you have a situation where you need them. Even then, tell then – only enough to get assistance but do not volunteer anything information. Even better, call your attorney as soon as possible or even while the police are present.
What do I do if the police show me a search warrant?
For the government or its agents (police, sheriffs, FBI and other law enforcement) to enter your home without an emergency, they must first provide you with a search warrant.
That search warrant must be VERY specific as to what they are looking for the location of the search to be specific. If a warrant is defective, then a good lawyer can potentially have the search thrown out.
When presented with a warrant, allow them in, allow them to search, say nothing and call your attorney. If the warrant is defective, let your lawyer fight the search.
Once the police enter try to be very respectful but do not talk. If you are arrested, give your name, date of birth and ask to speak to a lawyer. Say NOTHING else.
Are there times when the police can enter my house anyway without any permission?
There are certain situations where the police can enter your house without a warning, request, or a warrant. For example, if they have been pursuing a dangerous suspect and the individual entered your house through an open window or door, the police can enter to protect you from the invader.
The police can enter your home without a warrant also if they can show “probable cause” to enter your home without a warrant. This means that if there is evidence that something illegal is going on in your home, such as a person screaming for help, or a person using illegal drugs in plain sight, the police then have probable cause to enter your home, warrant or no warrant.
Also, they may also enter if there has been an emergency-call placed from inside the house or from someone who has the right to possess the house (resident/renter) and asks the police to enter because a child or someone else may be at risk.
Sometimes police can enter when they conduct a "welfare check." This could be a call from a concerned relative, for example, of someone who has been non-responsive for at least a couple of days. That time can be shorter if the person whose welfare is being checked is one very fragile or too young.
Note: There are many other situations which we have not covered in this article and the list is
not exhaustive. We implore you to use common sense when handling any police matter.
Whatever you do, do not talk to the police without your lawyer present and do not let your
emotions ruin your chances of a good defense.
An experienced criminal defense attorney can help you build a strong defense against your criminal charges, regardless of the type of criminal offense involved. Taking steps to get you released from jail and fight for your rights at the beginning of your case is typically easier than waiting until your case may be too far gone to fix. Contact Jones Law Firm today to set up a free consultation. Please contact us by text or phone at (414) 774-6000 or email at laura@jlfwisconsin.com anytime.
*Any articles in the Libra or posted by Jones Law Firm LLC are not legal advice for a particular client or situation. Further no attorney-client relationship is intended or created with this post.*
