Your Right For Your Home Not To Be Searched

Your Right For Your Home Not To Be Searched
Derek Byrd, Byrd Law Firm

There’s a saying that your “home is your castle” and it literally is. Your home is the place that you go to where you feel the most comfortable. Where you enjoy the most privacy rights. Where you enjoy the privacy of enjoying time with your family.

And, as you know, no one is allowed to just come into your house. That would be a trespass. The law also allows that law enforcement cannot come into your house unless they have a warrant. I highly recommend and strongly urge you not to allow a law enforcement officer into your house unless they have a warrant.

Look at the law enforcement officer as a complete stranger, and actually, he is a stranger. Chances are, you don’t know this law enforcement officer. You probably don’t even know if he’s really a cop. If you think about the fact that he’s a stranger just like anybody else, and he’s not only just a stranger, he’s a stranger with a gun on his hip. And so, when this stranger with a gun on his hip knocks on your front door and says, “Hi, Mr. Smith, can I come inside and talk with you?” If you think about him as a stranger, there’s no way you would let this stranger into your house who’s got a gun on him. Look at law enforcement the same way.  You have a right to tell a law enforcement officer, “No, sir, you cannot come into my house. If you’d like to talk with me, we can talk in the front yard. We can talk on the front porch. But there’s no reason to come into my house.”

Further, the only time a law enforcement officer can come into your house without your consent is if he has a warrant to do so.  You have the right as a citizen to demand to see the warrant, and demand to read the warrant or have the warrant read to you. So, absent an officer having a warrant, do not let him in your house. You have the right to your privacy and to keep your doors closed.

If it happens, I would suggest you step outside, close the door behind you, and politely tell the officer that unless he has a warrant, he is not coming into your house. It is also my recommendation that once you do get outside your front door, do not answer his questions. Instead, exercise one of your other rights, the right to remain silent.

All information contained herein is provided for the purpose of providing basic information only and should not be construed as formal legal advice. The Sarasota Attorneys disclaim any and all liability resulting from reliance upon such information.  You are strongly encouraged to seek professional legal advice before relying upon any of the information contained herein. Legal advice should be sought directly from a properly retained lawyer or attorney.