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Being questioned by police your rights

What can I do when the police knock on my door asking to come in?

The police can come to your door, knock on your door and ask you questions at your doorstep. While there, you have the right to ask them what the questions are all about. You have the right not to consent for the police to enter your house unless they come with a search warrant.

A search warrant is an order signed by a judge or a magistrate ordering the police to go and search a home, office or property stating with particularity the address and the items to be searched and seized if found. When the police knock on your door with a search warrant, you have no choice but to let them into your property and allow them to serve that search warrant.

Without a search warrant, the police cannot enter you premises without your knowledge or consent and conduct a search.
When the police seek to enter your dwelling even without a search warrant but with an arrest warrant that they came to serve upon a person within the dwelling, then you cannot refuse or deny the police entry into your premises.

In cases where neighbors have reported that screaming or other noises indicating domestic violence are emanating from your home, the police do not need a search warrant to enter your dwelling or property. The police have the power and the duty to enter in order to prevent a crime (assault is a crime) or to see that no harm comes to a person (the children living in a home where domestic violence may be occurring have a right to be protected).

If a noxious smell is emanating from your property, the police have the right to come into your property and investigate what is causing the noxious smell even without a search warrant. A noxious smell can indicate the presence of substances that probably constitutes a health hazard. If smoke is emanating from your property, again, the police have the right to investigate the source of the smoke in order to prevent damage or injury to persons dwelling in the property or to the neighbors.

If the police show up at your doorstep armed with a search warrant, you can have a copy of that search warrant and you can ask the police to explain to you what they intend to do in order to serve that search warrant. You can also call a lawyer so he can look over the search warrant and observe the police as they execute the search warrant. Call a lawyer today.

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