Do You Have To Let The Police Into Your Home If They Show Up At Your Door?
Every citizen within the United States possesses the same rights. All of these rights can, and should, be exercised; especially if the police show up and demand entry into one’s home.
By reading what is outlined below, and speaking with a criminal lawyer, one can develop a better understanding of your rights and what to do if the police show up at their door.
Do You Have To Let The Police Into Your Home If They Show Up At Your Door?
The police may show up at the door of one’s home and ask to enter the home. But, even if these police officers imply that the individual whom they are speaking to must let them in to conduct a search, that is not the case.
Rather, the only mechanism through which an officer can enter an individual’s home, without needing to address the owner of that home’s refusal, is through a warrant.
A warrant is a legal document that is granted by a judge. When a judge grants a warrant, it is because the officers who wish to enter the home have demonstrated that they have probable cause to believe a crime is being committed.
If an officer is unable to demonstrate probable cause, they can still go to the home and ask to be let in. But, just because they can ask, doesn’t mean that they have to be let in.
With this information in mind, if a group of police officers have a warrant, then the owner of that home must let them in to conduct a search. But, if those officers do not possess a warrant, then the owner of that home does not need to let them in and let them enter/search their home.
How Can You Refuse An Officer Who Is At Your Door?
To refuse an officer who is at the door, there are many things an individual can say. But, just as a general rule, one of the best things to say is some variation of this line “Officer, I choose not to allow you to enter or search my residence and I choose not to answer any questions.”
No matter the officer who is requesting entry, or what they happen to be saying, it helps to be polite, but firm. Every citizen, within the United States, possesses the right to remain silent and, in turn, to refuse entry.
To go along with the above, no citizen, within the United States, is under any obligation to prove that they have not committed a crime or been involved with a crime. Even if the officer implies that this is the case, it is not and, as such, an individual who refuses entry is simply exercising their basic rights.
Speak With A Maryland Criminal Lawyer Today
No matter what anyone says, you do not need to let an officer into your home. But, if you have, or are confused about the rights available to you, speak with a Maryland criminal lawyer today. At Schlaich & Thompson, Chartered, we will assist you in obtaining the best possible legal outcome in any criminal case you are involved in.
Source:
law.cornell.edu/wex/warrant
law.cornell.edu/wex/probable_cause
