Posted by Sterling Hospedales on October 30, 2023

One of the things that we teach in our mentorship program is how to interact with law enforcement. Hopefully, the below are things that you are also aware about.

Why would the police come to my house?

  • Serving a search warrant or arrest warrant
  • Attempting to investigate a suspect
  • Looking to question witnesses to a crime
  • Responding to a call for service to 911 from a resident or neighbor

When can police legally enter my home?

  • If the officers have a search warrant or an arrest warrant for someone who lives at the residence, they may enter even without your permission.
  • If there is a reason to believe someone is injured or in danger, officers may enter without your permission.
  • If you verbally agree to let the officers enter or search your residence, the officers may do so. A third party (such as a guest) may not consent on your behalf.

Do I have to consent to letting the officers search my home?

  • Unless officers have a search warrant or there is an emergency, you can say no to a search, tell the officers what room(s) they can and can’t search, and take away your consent at any time.
    • If the officers are looking for evidence of a crime, the officers are required to advise you of these rights, which are called Ferrier warnings.
  • If SPD officers enter with your consent, SPD policy requires that you either be asked to sign a “consent to search” form or that the consent be recorded on video.

What if officers enter without my permission?

  • In general, officers must knock and announce themselves and their purpose before forcing entry into your residence, even when they have a warrant.
  • Do not resist or argue with the officers, even if you believe what they are doing is illegal. Officers may handcuff you when they come in, and you should comply with their orders for safety.
  • If officers are serving a search warrant, you should be given a copy of the warrant as well as a receipt for any property the officers seized.
  • If you are arrested because of an arrest warrant, officers may wait to show you the warrant until you are booked into jail.
  • If officers do not have a warrant, request a business card with the officer’s name, badge number, and the incident number.