Former Texas Prosecutors Fighting For You

The police ask to come inside. What do you say?

On Behalf of | Jul 20, 2021 | Criminal Defense

When a police officer is standing at your door and asking to come in and have a look around, it may make you uneasy. You may also feel like you do not have a choice. Yes, the officer is being respectful, but they are also being serious and commanding.

Do you have to follow those commands? Can they order you to let them in, and do you need to allow it?

Without a warrant, a search is rarely guaranteed

If you say anything, ask the police if they have a warrant. If they do not, then you know that you have options. You never have to let them in just because they ask. If you want them to leave, just tell them that they cannot come inside unless they return with a warrant.

Now, there are some cases where police can enter without that warrant, but you would likely know it already. For instance, they may be allowed in while chasing a suspect or if they think a crime is in progress, neither of which is the case in this example.

If the officers do not accept your request for the warrant and force their way in, they could destroy their own case. Evidence that is illegally gathered cannot be used in court. Violating your rights — even if they find drugs, weapons or other evidence of illegal activity — is strictly prohibited. It may result in arrest, but you can use that violation while fighting the charges in court.

Have you already been arrested?

If you have already been arrested, especially if you believe that arrest was illegal, you need to understand your legal options.