If the police knock on your door and want to search your home, they need to have a warrant. This means they’ve gotten permission from a judge to look for specific things related to a possible crime. Without a warrant, they can’t legally come onto your property.
But police often still do in the hopes of getting evidence to close their case. Here’s what you can do to protect yourself and how an attorney can help.
How To Say No To Police Without A Warrant
If the police come to your house and demand entry, the first thing you should do is ask for a copy of their search warrant. Never give the cops verbal permission to come in. Just step aside and allow them access if the warrant is valid.
In the event they don’t have one, ask them politely to please return with one. Avoid being rude or aggressive – you don’t want to upset a trigger-happy police officer if it’s unnecessary.
What To Do If Police Barge In Anyway
Hopefully, the police will leave if they don’t have a warrant. You can expect that they’ll come back with one, at which time you’ll have to let them in. Not all police take kindly to being told “no” though. Police may decide to force their way into your house regardless of whether or not they’re allowed.
The only thing you can do if this happens is step aside. You can’t resist or impede the investigation without committing a crime, even if the police are in the wrong.
What you can do is take legal action against the police department later for violating your Fourth Amendment rights.
Are There Any Exceptions To Having A Warrant?
There are some situations where the police legitimately don’t need a warrant before entering a property. This includes things like life-threatening emergencies or if the suspect of a serious offense is believed to have fled to the premises.
Authorities can also legally enter if they see evidence of a crime, like blood or drug paraphernalia that can be seen from an open window.
If you were subjected to an illegal search in the state of New York, you need strong legal advocacy on your side. Call Scott Cerbin Criminal Defense now at 718-596-1829 for a consultation to discuss your potential defense strategy.
