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Must you allow the police inside your home?

On Behalf of | Sep 18, 2024 | Criminal Defense

You might be in the habit of opening your front door every time someone knocks. But what if you notice through the glass that the person outside is a police officer? Should you still open it or should you retreat inside and hope they did not see you approaching?

Even if you have no reason to fear opening the door to the police, you should always exercise caution. Opening it could open the door to a host of problems, even when you have done nothing wrong.

Ask what they want while keeping the door shut

There is not much point in hiding as the officers are likely to stay outside if they think you are in there or return if they think you are out. You may as well deal with them now. However, do so with the door closed.

Ask them what they want. If you suspect they are there for something to do with a crime, it might be safest to keep it closed for now.

Do they have a warrant?

If the police want to enter, they can only do so for several reasons. 

  • If they are pursuing a suspect they believe has fled into your house
  • If it is necessary to enter immediately to prevent injury to someone or the destruction of evidence
  • If they have a valid warrant
  • If you permit them

In the first two cases, they are probably going to enter whether you like it or not, so opening the door could save you from having to repair your door. In the case of a warrant, ask them to hold it up to the door or pass it underneath. Read it, and if it is valid with all the correct details, they have the right to enter, so open up. 

As for you permitting the police to have access – it is much easier to refuse permission with the door closed than once you have opened it and an officer has wedged a foot in the door. They might not ask you outright for permission but instead, try to catch you off guard. Perhaps they spot your dog, tell you they used to have one of the same breed, and ask if you mind if they take a closer look at it. Once they are in, they can scan around for anything they might use as evidence against you. They can’t do that so easily with the door closed.

If the police do enter your house, and you are unsure whether they did so legally, it may pay to learn more about your legal options.