Your home is your most private and personal space. It’s where you and your family live and make memories. It is hard to imagine this space could one day be at risk. Police raids seem to be happening more often lately according to the daily news reports and it’s leaving people fearful. If you wonder if your rights or property could be at risk during a police raid McClintock Law has three things you need to know if your home is ever raided.
McClintock Law wants you to know your rights before encountering the authorities so you can stay level-headed and smart!
- Without a search warrant, you do not have to let the police into your home. It does not make you look more or less guilty if you do not want to invite the police in with out a warrant.
- When notified that the police have a search warrant, you can ask to see the search warrant.
- If you are present when police have a search warrant, you should stay silent during the search so nothing you say can be used against you”
Do The Police Need A Search Warrant to Enter My House?
You may wonder if the police need a search warrant to enter your house. Hopefully, this is information you may never need, however it is important to know the answer before the situation arises. It can be very intimidating if a police officer is looming on your doorstep asking “Mind if we step inside?” in a way that feels like you do not have a choice. The good news is that the police have many restrictions about when they can search your home.
Under normal circumstances, law enforcement needs a search warrant to access your house. If the authorities say they want to search your home or property, you should first ask to see the search warrant. If they do not have a search warrant you do not have to let them in. It is important to note that there are some instances in which a search warrant is not needed. For example, in the case of a medical emergency, arrest, if illegal items are visible, or if you give consent, a search warrant may not be necessary. If the police proceed with a search without a warrant or probable cause, anything they may find may become inadmissible. This is another reason why you should hire the most experienced lawyer near you.
Should I Cooperate During A Search Warrant?
The short answer to this is yes, you should cooperate if you are ever involved in a search warrant of your home or property. Stay level-headed anytime you are interacting with the police. Your demeanor can help avoid heightening a stressful situation into chaos. Stay calm and ask to see the search warrant. If you discover that no search warrant has been issued, McClintock Law advises that you state clearly and calmly, “I do not give you consent to search my home.” Your lawyer, should you need one, will be able to defend you if the police proceed with the search without your consent on record. Staying calm and being clear is key however difficult it may be. This will also protect you from future legal challenges.
What Are My Rights When I Am Presented With A Search Warrant?
The third and most important thing you should do in the event of a search warrant is to know your rights. Just because the police are on your property does not give them the authority over your rights when executing a search warrant. Despite what lawyer shows depict on television, the authorities do not have a right to destroy your property. You can note any damage done to your home or possessions and file a report. In addition, you have the right to know who is in your home. It is not uncommon for homeowners to film searches and record the badge numbers of police officers. This allows you to have evidence of what has happened in your home keeping the authorities accountable.
Lastly, remember your most important right; the right to be silent. You don’t have to answer their questions even when the police are in your home. Again, knowing this before the situation arises will help your defense because you understand silence avoids any opportunity for self-incrimination.
Who Is The Best Defense Attorney in Warren County?
At McClintock Law, we have experience helping people through difficult situations. While police raids may seem unlikely, we live in a time when it is possible. McClintock Law wants you to be an informed citizen. Be aware of your rights and know what to do if the police raid your home or present you with a search warrant. If you find yourself in a tight spot, McClintock Law is here to ensure you get the best criminal defense. Call McClintock Law at (309) 715-7181 or click the Contact Us Button on the top right of the webpage for a free consultation. You won’t be afraid to face the future when you have an experienced lawyer like Scott McClintock on your side.