How to Handle Police Showing Up at Your Door
Key Reminders if Police Arrive at Your Door in New Jersey
So law enforcement officers came knocking on your door unanticipated and you wonder: what should I do? How do I handle this stressful situation while operating within my rights and protecting myself against what could very well end up being a major issue with the criminal justice system? To keep you informed, calm, and prepared to successfully navigate an unexpected police arrival at your house, apartment, or other residence in New Jersey, our criminal defense attorneys provide some critical reminders and clarify some common questions that people face when the “knock, knock” by authorities could spell trouble.
#1: To Open or Not to Open the Door?
Your legal obligation to open the door when a New Jersey police officer knocks at your door depends on the circumstances and the officer’s legal authority to demand entry into your private property. Understand that opening or not opening the door to law enforcement has implications.
When Answering is Required
Certain situations require you to answer the door when the police come knocking.
Warrants: The first instance is when the police have a warrant. Since the Constitution protects individuals against unreasonable searches and seizures, law enforcement must get a search warrant from a judge. So, when an officer requests a search warrant for your person or property, they must show the judge evidence to suggest criminal activity and the reasons for believing that you have information or evidence relating to that activity. An officer needs to demonstrate probable cause for the search warrant. An arrest warrant is also based on evidence of criminal activity and the need for the arrest warrant.
You must answer the door when the police have a search or arrest warrant, whether the warrant is for you or someone else. You will know the police have a warrant because the police officer will announce that they have one, or you can ask them the reason for their being at your door. If you ask, they must tell you why they are there and if they have a warrant.
Emergencies: Besides search and arrest warrants, you must also open the door when exigent or emergency circumstances cause the police to act without a warrant. One such necessity is when police are in hot pursuit. For example, they witness a crime and chase the suspect to your car or apartment. In an emergency, when getting a warrant is not possible, the police can enter your property without a warrant. Another emergency may be someone’s need for urgent medical care. If the police know someone in your residence or vehicle needs emergency help, an officer can require that you let them come in without a warrant to provide aid.
When You Have No Obligation to Answer
When the police at your door do not have a search or arrest warrant or other legal rights to enter your property without one, you can still speak to them and allow them inside, BUT only if you choose to do so. You do not need to let them in without a warrant and please be aware that the likely reason for their visit is to get evidence, including your incriminating statements. In other words, it is always a risk if you consent to a warrantless entry.
You can also choose to go outside your residence, shut the door, and ask or answer questions without letting them in. Be advised, however, that the police do not always have your best interests in mind when engaging in conversation or asking questions. They can use what you say and what they perceive through their senses as evidence against you. There is very little advantage to you, if any, when providing answers to police questions without an attorney present and without any requirement to do so.
#2: Police Show up with a Warrant, Now What?
When the police arrive at your door with a warrant, you must open the door for them. However, you probably want to call a criminal defense lawyer for immediate assistance. A search warrant must be specific regarding items sought and location, so it is essential to see the warrant. You can ask the police to show it to you before entering your place. Moreover, remain calm and polite so you do not escalate the situation. You do not have to answer questions, even if you are in police custody and under interrogation. You can ask for an attorney and remain silent.
#3: How to Handle Police at the Door Under Emergency Circumstances
The police can enter your property without a warrant when someone inside needs emergency services. So, when your roommate calls for emergency medical assistance, you must open the door when the police arrive, even if they do not have a warrant. Again, you do not have to answer questions.
#4: Things to Avoid Saying if Law Enforcement Comes Knocking
The first thing you do not want to say to the police when they come to your house is, “Come in.” Without knowing whether they have a valid warrant, you should not give your consent for the police to enter your property. Even if you do not agree to a search of your property, anything the police see as evidence of illegal activity may be used against you in a court of law. So, even if the police try to convince you to open the door, you do not have to unless they have a warrant or exigent circumstances.
You also do not want to threaten the police or generally act hostilely. Promising revenge or otherwise threatening the well-being of the officers or their families can be charged as criminal assault and will undoubtedly add tension to the situation. The officers may become more aggressive and less cordial with you. Threatening or fighting with them can land you in jail and facing prosecution for aggravated assault on a police officer.
#5: Ways to Navigate the Situation While Protecting Your Rights
You can be calm and assertive about your rights when the police come to your door. The police know you have rights to an attorney, to a reasonable search and seizure, and to avoid incriminating yourself. They cannot deny you your rights, so rest assured that a courteous assertion of your rights will not get you into trouble with the police.
You should only answer questions with an attorney present. You are best to invoke your right to remain silent so you do not accidentally give the police information that leads to evidence against you and your arrest. Even statements you think are innocent may give an ongoing police investigation the lead it needs to pursue incriminating evidence against you.
#6: Why Contacting a Lawyer Immediately is the Best Decision You Can Make
When you feel uncertain and uncomfortable about what to do when the police are at your door, you always have the option to call an attorney to answer your questions or represent you during a police investigation, as well as after any subsequent arrest and criminal charges. But you should do it immediately. Call an attorney whose advice may be to refrain from answering the door or talking to the police. With that instruction, you may feel empowered to turn the police away and protect your right not to incriminate yourself.
Along those same lines, immediate guidance from your criminal defense lawyer may be to stay silent. Your lawyer does not want you falling into traps that make defending you against criminal charges even more challenging. When you make statements that can be interpreted as damning evidence of criminal conduct, your chances of a conviction go up and it makes it harder for your attorney to secure the best outcome, whether it be through a plea deal or contesting the charges in court to get them dropped. Experienced legal counsel at the early stages of a case can help you make the right decisions and protect your rights.
Contact The Tormey Law Firm anytime, day or night, to talk to a criminal defense attorney immediately when the police arrive at your door. Our legal team defends clients who face criminal charges and investigations in Bergen County, Essex County, Passaic County, Union County, Middlesex County, Hudson County, Ocean County, and all other New Jersey counties. Contact us using our form or call (201)-556-1570 now for a no-cost consultation.