Can the Police Come Inside My Home to Arrest Me?

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There are two distinct scenarios which relate to the question of whether the police have the right to come inside your home and arrest you. If the police have a warrant to search your home, then they absolutely have the right to come inside your home—and arrest you while they are inside.

If they don’t have a warrant which allows them to come inside your home, they will ask you to step outside—then arrest you. So, what should you do when police officers are knocking on your door? Things can get fuzzy, when no warrant exists, and the police are knocking at your door.

Knock and Talk

Do you have to allow them to come inside? There is an investigative technique used by law enforcement which is known as a “knock and talk.” During a knock and talk, the interaction between you and the police officer is considered both consensual and voluntary on your part. No warrant is required for a knock and talk, and the police will almost certainly ask questions in an effort to gain entry to your home.

If you do not agree to speak to the police, then it is no longer a friendly knock and talk, and your constitutional rights come into play. That being said, there are specific instances, usually when drugs are involved, that officers must only knock and announce their identity and purpose, before forcibly entering your home. When the officers do have a warrant in a drug case, they are not even required to “knock and announce.”

If There Is No Warrant, You Are Not Required to Answer the Door

If you are certain the police are at your home to arrest you—but they have not bothered to obtain a warrant to enter your home, are your required to answer the door? In fact, you are never required to open your door to the police, unless they have a warrant, and there is virtually nothing to gain by doing so. You have the very most protection inside your home, and once you open your door, and even partially step outside, that protection ends. This means you can simply remain on the couch, watching television if you choose, until the police leave, then you can call your attorney.

Asking for a Warrant

Alternatively, you can ask the officers—through the door—if they have a warrant. If they affirm the presence of a warrant, ask to see it through a window or have them slide it under the door to confirm. Remember, once you make the choice to talk to police officers, you are giving them evidence to use against you. The statement “I will not answer any questions without my lawyer present,” invokes your rights, cannot be used as evidence against you, and minimizes the evidence police officers can use against you.

The Sooner You Contact an Attorney, The Better Outcome You Can Expect

If the officers intend to arrest you, and do not have a warrant to enter your home, stepping out on your front porch has just made their job very easy. By not stepping outside, you have ensured the officers must now do their job, and obtain a warrant. During the time it takes them to secure a warrant and return to your home, you will have been able to contact an attorney, who can then be with you when you are arrested.

This one action can make a huge difference in the outcome of your arrest and charges. With an experienced criminal defense attorney by your side from the moment you are arrested, the police officers will be forced to speak to your attorney, rather than questioning you. So, if police have no warrant to enter your home, never, ever step outside your home, or allow the officers to come inside. Stay calm, remember that you have rights, and call an attorney immediately.

Contact Our Jackson Criminal Defense Lawyers

  If you believe that your home was illegally searched or if you believe the police violated your rights when making your arrest in Jackson, Hattiesburg, Meridian, or anywhere in the State of Mississippi, the best thing you can do is to contact an experienced Mississippi criminal defense attorney who will protect your rights to a fair trial and safeguard your future.

At Coxwell & Associates, PLLC, our attorneys believe that everyone is innocent until proven guilty and we work tirelessly to ensure that your rights are protected throughout the process. Contact Coxwell & Associates today at 1-601-948-1600 or 1-877-231-1600. Click on the yellow button below and we can call you back.

Disclaimer: This blog is intended as general information purposes only, and is not a substitute for legal advice. Anyone with a legal problem should consult a lawyer immediately.

Disclaimer: This blog is intended as general information purposes only, and is not a substitute for legal advice. Anyone with a legal problem should consult a lawyer immediately.

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