Can Police Enter Your Home?

Can Police Enter Your Home?

Author: Paul E. Ghezzi, Esq.

There are several reasons that police may come to your home.  Sometimes they get a tip that a crime is being committed and they want to try and determine if that is the case.  They will also show up if someone called 911 from that address.  Occasionally they just want to know if anyone there witnessed something that occurred in the neighborhood.  Unfortunately, police do sometimes stop by to deliver bad news regarding a loved one.

When officers arrive at your residence and know on the door you are under no obligation to answer the door or let them inside unless they have a warrant.  A warrant is a document signed by a Judge that allows the police to perform a search or make an arrest.  If the police at your door do not have a warrant, there are a few exceptions which still permit them to make entry.  

If you consent to letting them in police can enter.  I recommend that you never give consent.  

If they are following a suspect and they saw that person enter your place.

If they have a belief that someone may need medical attention or is in danger of being harmed.

If they saw, smelled or heard something that made them believe a crime was being committed.

If they believe evidence is being destroyed or property is being damaged.

When the police show up you should always treat them with respect and never ever touch an officer because that give them the right to arrest you.  If you do decide to speak with the police I recommend going outside by another exit and shutting the door.  Keep in mind that once you start speaking with the police outside the home or standing inside with the door open, if they develop probable cause to arrest you and you re-enter your residence, they can follow you inside.  

When law enforcement wants to speak with you regarding a crime which they think you are involved I recommend that you politely refuse to discuss the matter with them.  You can assert your right to remain silent.  If you want, you can tell them on the advice of your attorney you do not wish to speak to them.  I can’t tell you how many clients in the past ignored this advise and incriminated themselves by talking.  

When police just want to search your home you absolutely should not consent!  Put the burden on the cops to get a warrant or to prove exigent circumstances exist.  Once you give consent either in writing or orally it makes it almost impossible to get any recovered evidence suppressed in court.  Keep in mind to be polite but firm in your insistence that you do not consent.

The first thing you should do if you are unfortunate enough to get arrested is contact a criminal defense attorney to discuss your case.  An experienced lawyer like me can evaluate the case and thoroughly advise you.   There might be some things that need to be done immediately in order to ensure a successful defense.

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