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What should you do if the police illegally enter your home?

On Behalf of | May 10, 2021 | civil rights

You know your rights. When the police ask to come in and search your home, you ask if they have a warrant. They tell you that they do not have one and ask again if they can come in. You tell them no, which you’re legally allowed to do. 

Unfortunately, the police force their way into your home anyway. What now?

Remember that you still have rights

You may feel like you don’t have any rights if this happens to you. Remember that you absolutely do have rights. The problem isn’t that they don’t exist, but that the police are violating them. Don’t conflate the two. 

While your rights may not help you at that moment —  they will come back into play once you’re in court. With that in mind, do not try to physically impede the officers. Do not escalate the situation. Stay calm. 

Ultimately, you can take the officers to court for violating those rights. You may want to take a video of the event to provide evidence. If you have a security camera that recorded the illegal entry, that’s even better. 

Additionally, evidence obtained during an illegal search generally won’t stand up in court, either. Say that the officers find something illegal in your home, like drugs. They may arrest you. When this all gets to court, though, the judge can force them to throw out that evidence, meaning they now have nothing against you. They’ve ruined their own case by illegally entering. It may not feel like it, but this actually helps you. 

When your rights have been violated, get help

In the end, your power lies in understanding your legal rights and the options you have when they’re violated. If the police have violated your civil rights (or you think they may have) make sure you discuss the situation with your attorney.