What To Do When the Police Show Up at Your Front Door
When members of law enforcement unexpectedly show up at your front door, it is perfectly understandable to feel anxious, nervous, and even scared. Your mind may be inundated with questions like, “Did I do something wrong?” or “Did a family member do something wrong like get a DUI?” If you find yourself in this situation, it is important to have a general understanding about your legal and constitutional rights. Why? Because, unfortunately, there is a risk that police officers may attempt to take advantage of someone’s lack of knowledge concerning their legal rights and try to conduct an illegal search of your home or improperly begin questioning you without the presence of your legal counsel.
Keep Calm and Be Respectful
When police show up at your front door, it is strongly recommended that you remain calm, collected and address the police officers in a respectful manner. This is important because it will reduce the risk of the situation escalating.
Do Not Default to Letting the Police inside Your Home
Before even opening the door, it is important to determine who is actually at your front door. When the doorbell rings or they knock, you should look out the side window, through the peephole, or simply ask, “Who is it?” If they respond that they are the police, you have options that can help reduce the risk of police unexpectedly entering your residence:
- If you are concerned the police might attempt to force their way into your residence, you have the right to simply greet them outside or speak to them while you remain inside your home and they remain outside. Of those options, it is recommended to stay in your home and communicate while they remain outside.
- If police come to your front door and you do not require their assistance, you have the right to simply decline to answer the door at all. Unless the police have a search warrant, they will eventually leave.
What is a Search Warrant?
A search warrant is the proverbial key that allows police to legally enter and search a home. It is important to note that a search warrant must contain the following elements to be valid:
- Signed by a judge
- The search warrant must be particularized
- The police are only allowed to search the areas identified in the search warrant.
No Search Warrant, No Entry Allowed
The Supreme Court of the United States has established that your home is entitled to strong legal protection from an illegal search by law enforcement. Even if police possess “probable cause” to believe something illegal is going on inside your home, the Fourth Amendment of the United States Constitution requires law enforcement to obtain a signed search warrant from a judge to legally enter and search your residence.
Whether to Consent to Police Conducting a Search of Your Residence
You should not consent to the police searching your home. Why? Because there is typically only downside to voluntarily allowing the police to search your home. If you consent to a search, police then have the ability to search and seize any illegal items that are in plain view, which can lead to your arrest.
If police entered your home with a search warrant, or if you consented to let them inside, you should contact an experienced criminal defense lawyer before engaging with law enforcement again.
When Someone Asks, “Where Can I Find a Top-Notch Criminal Defense Lawyer Near Me?” The Answer is Defense Attorney Mark Rosenfeld
Attorney Mark Rosenfeld has been defending all criminal case matters including DUI cases since 1998. He is well-known for getting great results in court as well as being extremely knowledgeable on all criminal defense cases including alcohol, drug and driving related offenses. His goal is to make sure his clients never spend another second in jail.
For further information or to schedule an appointment please contact the Law Offices of Mark Rosenfeld at 310.424.3145 or fill out a form here.