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What Should I Do If The Police Come To My Home

April 22, 2024

The Police Are At Your Door – Now What?

But, take a deep breath. Having cops show up unannounced can be nerve-wracking, but staying calm is key. We’ll walk through exactly what to do (and not do) when officers come knocking.

Why Are The Police At My Home?

There could be a few reasons for their visit:

  • They’re investigating a crime and need information from you or someone in your home.
  • They have an arrest warrant for you or another resident.
  • They want to search your property and need permission or a warrant to enter.

Whatever the reason, you have rights. Knowing them, and how to properly exercise them, can make a huge difference.

Do I Have To Let Them In?

No, you don‘t. The old saying “a man’s home is his castle” has legal backing. Under the 4th Amendment, police need a valid search warrant signed by a judge to enter your home, unless:

  • You give full, voluntary consent to let them in.
  • They’re in “hot pursuit” of a suspect who just entered.
  • They have probable cause to believe evidence is being destroyed.

Even if they claim to have a warrant, you can ask to see it before opening the door. Look it over carefully – it must be signed, list your full address, and specify what areas/items they can search.

Should I Talk To Them?

You have the right to remain silent. Period. Anything you say can potentially be used against you later. It‘s usually best to politely refuse to answer questions until you’ve spoken with a lawyer.But, you may need to identify yourself if asked directly. In some states, it‘s legally required. Just give your name and date of birth, nothing more.

What If They Have A Warrant?

Stay calm and comply. Don‘t resist or obstruct them, even if you think the warrant is invalid. That‘s a separate legal battle for later. Let them search, but pay close attention and take notes on what they do and take.If they try to question you, reiterate that you won’t answer anything without your attorney present. Don‘t give explanations or make small talk.

They Don’t Have A Warrant – Now What?

You’re well within your rights to refuse entry. But how you communicate this matters:

  • Don’t open the door all the way. Use a window or chain lock to speak through a small opening.
  • Be polite but firm: “I cannot allow you inside without a valid search warrant.”
  • Ask the reason for their visit, but don’t provide any other information.
  • If they insist on entering, don’t resist. Clearly state you don’t consent, but step aside. Preventing them could lead to arrest.

What If Someone Else Lets Them In?

This is tricky. If a co-tenant or house guest allows entry against your wishes, the officers may be able to search common areas. But they likely can’t access private spaces belonging solely to you.The safest approach is making your objection clear as soon as possible. State firmly and repeatedly that you don‘t consent to any search of your personal areas.

Dealing With Undercover Officers

Plain-clothes officers don’t have to immediately identify themselves. If you suspect someone is an undercover cop, you can ask directly “Are you a police officer?” If they lie, anything you say can’t be used against you.But don‘t try to physically resist or flee. That could lead to criminal charges. Stay calm, invoke your rights, and wait for legal counsel.

After They Leave – What’s Next?

Write down everything that happened – what was said, evidence taken, areas searched, etc. Get the names and badge numbers of all officers present.If you believe your rights were violated, file a complaint with the department‘s internal affairs division or civilian oversight board. Having detailed notes will strengthen your case.Most importantly, call a criminal defense attorney immediately. They can review the situation, ensure your rights are protected, and advise you on the best legal strategy moving forward.

When You Need A Tenacious Defender

Look, no one wants to be in this situation. But if you find yourself facing criminal charges, you need a lawyer who will fight tooth and nail for you. At Spodek Law Group, our aggressive defense strategies are crafted from years of hard-earned experience and legal mastery.We understand how overwhelming and stressful criminal cases can be. That’s why we take a hands-on, meticulous approach tailored to your unique situation. We’ll leave no stone unturned in pursuing the best possible outcome for you.Our firm has an excellent work ethic, holding regular meetings to discuss and strategize each case. And with a full team of attorneys, we‘re always available to assist you, day or night.No matter how tough the charges, we’ll work tirelessly to have your back. Many clients feel embarrassed or hesitant to open up – but we encourage full transparency. The more we know, the stronger your defense will be.If you‘re facing criminal charges, don‘t wait. Contact us for a free, confidential case evaluation. When your future is on the line, you need Spodek Law Group’s elite criminal defense.

Lawyers You Can Trust

Todd Spodek

Founding Partner

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RALPH P. FRANCHO, JR

Associate

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JEREMY FEIGENBAUM

Associate Attorney

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ELIZABETH GARVEY

Associate

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CLAIRE BANKS

Associate

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RAJESH BARUA

Of-Counsel

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CHAD LEWIN

Of-Counsel

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