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You can tell the police not to enter your home

On Behalf of | Jan 6, 2021 | Criminal Defense

No matter what they tell you, you do have the right to tell police officers they can’t enter your home. If they come to the door and try to badger you into opening it, you can stand your ground. You don’t even need to open the door for the officers; many people choose to go outside and talk to them or to talk to them through a chained or locked door.

When can they enter?

Often, police only ask you if they can enter because they want your consent. They know you’ll feel pressured to give it to someone in uniform. If you do give them consent, then they can enter, and that can cause all sorts of issues.

Outside of consent, there are limited legal ways for the police to enter your home. The main way is if they go get a search warrant for the house. If a judge has agreed that there is reason to enter and given them an official warrant to do so, you can no longer stop them.

There is also a bit of a gray area surrounding urgent situations, like if the police think a crime is taking place or that evidence is being destroyed. Some urgent situations do allow for legal entry without a warrant. However, the officers may have to prove they had a reason to enter after the fact, pointing out that there was just no time to get a warrant in advance.

What are your rights?

If you get arrested, you must know what rights you have, if they have been violated, and what legal steps to take.