05Nov 2019

Can The Police Force Their Way Into My Home?

If the police come knocking on your door and you don't want to talk with them, you have the right to refuse. You have the right to not let them into your home and to refuse to talk to them without your attorney present, which is definitely a right you should exercise. There is one exception to this rule, however. If the police have a search or arrest warrant, you absolutely have to let them into your home. If you choose 
not to, they also absolutely can break down your door, tear out your 
screens, or do any other reasonable action to get into your home.

It may come as a surprise to you that in many states there are situations when the police can enter your home without a warrant. These are known as "exigent circumstances." What this means is that if an 
the officer believes that there is a threat to someone's safety, a suspect is intending to flee or there is a reasonable chance that evidence may be destroyed, they may forcibly enter a home without a search warrant.

Remember, if the police want to interview you, with or without a search or arrest warrant, do not discuss anything but your identity until you have your attorney present. If you live in Burlington, Essex, Colchester, Winooski, Williston, Shelburne or anywhere in the State of Vermont, and have been arrested or charged with DUI or any crime, call Handy Law for aggressive and experienced legal defense.