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At home, do I have to talk with the police?

On Behalf of | Aug 25, 2022 | Criminal Defense

Dealing with the Providence, Rhode Island, police is scary. It seems like every week, there is another story about an innocent person being shot or someone being beaten or disabled for a minor infraction or nothing at all. And, if you are a minority, these times are even scarier. This is why you should think about what you would do if you hear that bang at your door.

Will the police knock before coming in?

If the police have exigent circumstances to breach your home, they will not knock. If they have a “no knock” warrant, the police will also not knock on your door before entering. However, if they have a normal warrant, they will knock, but if you do not answer or take too long, they will breach your Providence, Rhode Island, home.

If they knock, do I open the door?

It depends on whether they have a warrant. If they are executing a warrant, they are going to breach the home regardless of whether you open your door or not. As such, it is probably a good idea to just open the door. If they do not have a warrant, they are likely doing an investigation. If you want to be part of that investigation, you can open the door and engage. If not, you have the right to tell them you are invoking your right to silence and to please leave your property.

What if I do talk to the police?

Even if you are not the subject of the investigation, anything you say to the police can be twisted into a possible admission of an offense. Plus, if they smell potential illegal substances or see something that is potentially illegal from your doorway, you may have inadvertently given them probable cause to enter you home. Even politely allowing them into your home may give them the right to search you home. This is why most legal experts agree that interactions with the police should be minimized or avoided.

What do I do if they are executing a search warrant?

After you have let them in, be sure to ask for a copy of the Providence, Rhode Island, warrant, and then, call your attorney for their advice. Generally, the best thing to do is usually just get the officer’s information and record what occurs in your home. Be sure not to interfere or consent to the search.