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Can you be arrested for refusing to allow the police inside? 

On Behalf of | May 17, 2024 | Firm News

Two police officers come to your door and knock aggressively. You open the door a crack to talk to them, and they tell you to let them inside. You don’t want to though, and so you politely refuse.

In response, the officers push the door open, handcuff you and take you to the station. You get arrested, and they claim that you were resisting arrest, hindering their investigation or something else of this nature.

Regardless of the specific allegations, you feel that this may have been a violation of your rights. Did you have to let the police inside? Could they legally arrest you for refusing?

There are limited ways the police can enter your home

This certainly could be a violation of your rights. You are not obligated to let the police inside your home. If they are simply asking permission, you are absolutely allowed to deny them that permission.

In some cases, the police can still come inside. For example, maybe they’ve already gotten a search warrant authorizing them to enter the house without your permission. They may still ask to come in, but then they will tell you they have a warrant if you refuse.

If this happens, then it is a good idea to ask to see the warrant. This ensures that they actually have it and that they are being honest with you. Additionally, you can read the warrant to make sure that they are at the right house and to determine what they are allowed to do – where they can search, what evidence they’re looking for, etc.

If the police didn’t have a warrant and they arrested you simply for your refusal, then your rights have probably been violated and you need to know what legal steps to take.