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Thread: KNOW YOUR RIGHTS if the police come knocking

  1. #1

    Lightbulb KNOW YOUR RIGHTS if the police come knocking

    What are your PRIVACY RIGHTS at HOME?

    The constitution protects us from arbitrary and unreasonable exercises of police power.

    The home is seen under law as the most private place; one's own castle, so to speak. The police (or other law enforcement authorities) can only lawfully enter your home under certain circumstances; otherwise, they’re trespassing.

    FYI - There is also a reasonable expectation of privacy in hotel rooms. This expectation does not depend on whether anyone inside is engaging in illegal activities, but it may diminish if the occupant indiscriminately invites members of the public inside.

    PRO BONO TIP: This post applies to inside your home and any gated backyard. However, any trash you throw outside is fair game. Once you leave garbage out to be collected, you give up your privacy in the contents. This means police are as free as anyone else to pick up what’s left curbside and have a peek.

    If the police come knocking, here are some thoughts:
    • There is no obligation to answer the door.
    • If you do answer the door, step outside to talk.
    • There is no obligation to answer questions.
    • You can end the conversation whenever you choose.

    A search of your home is a serious intrusion, and you should consult a lawyer before giving police permission to poke around. If the police do not have a warrant to search your home, repeat the following ad nauseam until you can get legal advice:

    Officer, I do not consent to a search.

    You have constitutional privacy interests, but it is up to you to protect them.


    LEGAL Searches, i.e. Limits on privacy rights:


    There are certain circumstances that negate the advice above. The police CAN LEGALLY SEARCH A HOME if any of the following circumstances apply:

    1. The police have a search warrant. Police can detain people found in the home during the search. They can make arrests, lay charges, and/or seize items.
    2. The police can enter a home where a wanted person is believed to be if they have an arrest warrant.
    3. If the police are in hot pursuit of a fleeing suspect, they are entitled to follow him into any home he enters.
    4. If the police believe entering a home is necessary to prevent the destruction of evidence of a serious crime, they may have a right to enter a home.
    5. There are other emergencies that may justify a warrantless search, including:
      • Responding to a 911 distress call;
      • An ongoing domestic assault;
      • Any other circumstance where police reasonably believe that someone’s life or safety is in danger.


    This post should not be taken as legal advice for any specific situation. But it is a starting point to understand your basic privacy rights at home. When in doubt, contact a lawyer to determine what your options are in dealing with an interaction with police.


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  2. #2
    Quote Originally Posted by SADVOCACY View Post
    What are your PRIVACY RIGHTS at HOME?

    The constitution protects us from arbitrary and unreasonable exercises of police power.

    The home is seen under law as the most private place; one's own castle, so to speak. The police (or other law enforcement authorities) can only lawfully enter your home under certain circumstances; otherwise, they’re trespassing.

    FYI - There is also a reasonable expectation of privacy in hotel rooms. This expectation does not depend on whether anyone inside is engaging in illegal activities, but it may diminish if the occupant indiscriminately invites members of the public inside.

    PRO BONO TIP: This post applies to inside your home and any gated backyard. However, any trash you throw outside is fair game. Once you leave garbage out to be collected, you give up your privacy in the contents. This means police are as free as anyone else to pick up what’s left curbside and have a peek.

    If the police come knocking, here are some thoughts:
    • There is no obligation to answer the door.
    • If you do answer the door, step outside to talk.
    • There is no obligation to answer questions.
    • You can end the conversation whenever you choose.

    A search of your home is a serious intrusion, and you should consult a lawyer before giving police permission to poke around. If the police do not have a warrant to search your home, repeat the following ad nauseam until you can get legal advice:

    Officer, I do not consent to a search.

    You have constitutional privacy interests, but it is up to you to protect them.


    LEGAL Searches, i.e. Limits on privacy rights:


    There are certain circumstances that negate the advice above. The police CAN LEGALLY SEARCH A HOME if any of the following circumstances apply:

    1. The police have a search warrant. Police can detain people found in the home during the search. They can make arrests, lay charges, and/or seize items.
    2. The police can enter a home where a wanted person is believed to be if they have an arrest warrant.
    3. If the police are in hot pursuit of a fleeing suspect, they are entitled to follow him into any home he enters.
    4. If the police believe entering a home is necessary to prevent the destruction of evidence of a serious crime, they may have a right to enter a home.
    5. There are other emergencies that may justify a warrantless search, including:
      • Responding to a 911 distress call;
      • An ongoing domestic assault;
      • Any other circumstance where police reasonably believe that someone’s life or safety is in danger.


    This post should not be taken as legal advice for any specific situation. But it is a starting point to understand your basic privacy rights at home. When in doubt, contact a lawyer to determine what your options are in dealing with an interaction with police.
    Love your ad, and the venue. I was called in 1986. Advertising in the legal profession has come a long way!

  3. #3
    Quote Originally Posted by Goldhunter View Post
    Love your ad, and the venue. I was called in 1986. Advertising in the legal profession has come a long way!
    Thank you!!!


    CALL or TEXT 647-360-7182
    LIVE CHAT sadvocacy.com
    LISTEN Cool Your Head
    FOLLOW @CarymaRules

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