Do you know your legal rights if the police show up at your Scarborough home? Most people assume they must answer the door and let the police into their homes. They also mistakenly assume they must answer any questions the police ask them.

In truth, if the police show up at your home, you have very specific legal rights you can exercise as follows:

1. You do not have to answer the door. Unless the police have a search order, you do not have to answer the door. The police cannot physically break down your door either unless they have a warrant to enter the home or have sufficient grounds. For instance, they were chasing a suspect who committed a crime and entered your home. For a deeper understanding of what a criminal lawyer can do in such situations, explore the role of a criminal lawyer in corporate fraud.
2. You do not have to answer their questions. You do not have to speak to the police or answer their questions. You can politely tell them you do not wish to speak to them. They must abide by your response and leave. If you find yourself accused of a serious crime, like identity theft, knowing your next steps is crucial. Read more about what to do after being accused of identity theft for valuable insights.
3. You do not have to let them into your home. If you do answer the door, you do not have to invite the police into your home. You can talk to them while they remain outside your home. If you do choose to let them in, be aware of the boundaries they must follow. They can only perform a “visual search” unless you consent to a more thorough search.

If I Let the Police into My Home, Can They Search My Home?

If you invite the police into your home, the only type of search they can perform is what is called a “visual search.” Essentially, they can only look at what is out in the open. They cannot open doors, drawers, cabinets, or wander freely through the home without your permission. For advice on finding reliable defense counsel, consider the importance of trustworthy representation

One tactic police will use when investigating is to ask you if they can search your home. If you agree, they do not need a search warrant to conduct the search. If you tell them no, they must obtain a search warrant first. Be specific in your consent. For instance, if the police suspect your spouse of a crime and ask to search only the garage, ensure they understand they cannot search other areas of the home.

What If the Police Have a Search Warrant?

If the police have a search warrant, things are slightly different. First, you must allow the police into the home. The police must provide you with an original copy of the search warrant. It is essential that you read the search warrant as it will detail what areas of the home the police can search. Pay careful attention to this as if the police conduct searches beyond the extent of the warrant, any evidence they find could be excluded from any criminal proceedings since it was not obtained legally.

What Happens if I am Arrested after a Search of My Home?

The police must read you your rights, which includes the right to speak with a leading criminal defence lawyer. After you are taken into custody, the first thing you need to do before being interviewed or answering any questions is call a criminal defence lawyer.