Do I Have to Answer the Door for the Police?

 Posted on December 27, 2024 in Criminal Defense

Even if you are not doing anything untoward, having the police come to your door can be scary. Police rarely announce the purpose of their visit before making contact with someone inside, so you may not find out why they are there unless you speak to them. There is no law that says you have to answer your door just because the police are knocking. However, depending on the circumstances, they may enter anyway, especially if they believe that certain types of crimes are actively occurring inside. If the police have a warrant or if there are exigent circumstances, they likely do not need your permission to come inside. In those cases, it may be better to cooperate. If the police have come to your home and you suspect that you are under investigation for a crime, you should reach out to an experienced Will County, IL criminal defense lawyer.

What is a "Knock and Talk?" 

When the police suspect that a person has committed or is committing a crime, but they do not have enough evidence to show probable cause and get a warrant, they may attempt what is called a "knock and talk." The police can simply knock on your door and try to get you to talk to them voluntarily. Often, they are trying to get you to say something that might give them probable cause to go get a warrant. Knock and talks can end in an arrest without a warrant if the police glean probable cause from the conversation. You can refuse to open the door and speak to the police if this is the case.

What if the Police Have a Warrant? 

If the police have a warrant, they will generally announce that fact while knocking. In this case, the police are coming in whether you open the door or not. You should quickly prepare for your home to be entered. Answering the door means that the police will not break it down, and is safer for you as the police will have no reason to worry that you are in the house somewhere reaching for a weapon.

What Are Exigent Circumstances? 

The police can enter your home without a warrant if there are certain exigent circumstances. Examples of exigent circumstances can include: 

• Hot pursuit - If the police are chasing a suspect, they do not need to stop when the suspect enters a residence. 
• Imminent danger - If the police believe that someone in the home is in immediate danger - such as if they hear screaming from inside - they can enter and perform a safety check. 
• Destruction of evidence—If someone inside the home appears to be actively destroying evidence, the police may enter. For example, if the police are trying to catch a suspected drug dealer and they hear the toilet flushing repeatedly, they may have good reason to think the suspect is flushing drugs down the toilet. 

Contact a Joliet, IL Criminal Defense Lawyer 

Law Offices of Jack L. Zaremba, P.C. will aggressively protect your right to be free from unreasonable searches. Dedicated Will County, IL criminal defense attorney Jack Zaremba will fight to have any illegally obtained evidence suppressed. Contact us at 815-740-4025 for a complimentary consultation.