You have absolutely no obligation to talk to the police when they come to your door without a warrant, and in most cases, you should exercise your right to remain silent.
Whether or not you’ve been accused of a crime, you may find yourself in a situation when the police come to your door to ask you questions or even to try to search your home. What are your rights in this situation? Do you have to talk to the cops? Can you ask them to leave?
No Warrant? You Don’t Have To Speak To The Police
You have absolutely no obligation to talk to the police when they come to your door without a warrant, and in most cases, you should exercise your right to remain silent. You can ask the police to leave or not open the door and wait until they leave.
For all intents and purposes, the police have the same rights as private citizens if they do not have a warrant. If they ask to talk to you and refuse, and they cannot produce a warrant, they must leave.
It’s that simple. If the cops come to your door to ask you questions without a warrant, you can simply say, “I will not answer questions without my lawyer,” and ask them to leave.
Don’t Leave Your Home or Open The Door For The Police
As a rule, you have the most protection when you are in your home, and the door is closed. The U.S. Constitution protects all citizens and gives them the right “to be secure in their persons, houses, papers, and effects against unreasonable searches.”
Simply put, if the cops can’t see into your home or see anything in it, they can’t lawfully search inside your home. But if you open the door, even to step outside, it may be more difficult to protect your rights against unlawful search and seizure.
Always Ask For A Warrant If the Police Ask To Search Your Home
If the police ask to search your home, you should say “no,” unless they can present a warrant. The police have no right to search inside your home without a warrant, so this request should be denied.
If they claim to have a warrant, ask the police to slide it under the door or hold it up to a window. Again, do not let the police into your home under any circumstances unless they present a warrant.
Know Your Rights and Get the Legal Help You Need From Zuck Legal
If the police don’t have a warrant, you don’t have to talk to them, and they can’t come into your home. If they do have a warrant to search your home in New York or New Jersey, you must let them in – but you are still under no obligation to speak to them or answer your questions.
If you or a loved one has been accused of a crime, or you are worried you may be involved in a criminal case in New Jersey or New York, get the experienced legal representation you need from Zuck Legal.
Call Zuck Legal Today!
Our Firm helps clients needing Business Law, Criminal Defense, Divorce, Estate Planning & Traffic Law representation in New York and New Jersey.