Being Searched At Home? Know Your Rights
Whether you expected it or not, a knock on the door by law enforcement could signal an unpleasant experience. The way you handle things when police officers show up at your door and ask to perform a search can make a huge difference in the way things go. You must walk the line between being polite and cooperative and standing up for your right to privacy. To find out what you must do and what you may decline to do when your home is being searched, read on.
Be Cooperative
You may not have to answer questions that could potentially incriminate you later. However, law enforcement should inform you of your Miranda Rights if they plan on arresting you for a crime. You should be prepared, though, to answer general questions asked of you by law enforcement such as your name, if you live in the home, who else is in the home, and more. While you can decline to answer a question, lying to law enforcement is a different matter. It's better to say nothing than to lie to an officer and you could be arrested and charged with a crime for doing so.
If it's Not Your Home
If you are at a home visiting, you should know that you do not have the power to let law enforcement enter the home. Be sure to politely inform the officers that it is not your residence and the person living there is not at home. They will have to come back unless they have reasonable suspicion of a crime being committed. Your children may or may not be able to allow access to your home as it varies by state. Roommates, however, may allow access to their quarters and belongings only.
Keep Your Information Safe
If law enforcement has reasonable cause to seize your phone, tablet, computer, and other devices, they can do so. However, you are under no obligation to provide them with passwords to access them if they are password protected. Accessing private information falls under the umbrella of potential self-incrimination.
Help Them Out?
While you should not impede their search, you don't necessarily have to work alongside them to access things either. For example, while you should tell them that there is a storage area in the attic, you don't have to hold the ladder so they can access it.
If you end up being arrested as a result of the search, get a criminal defense lawyer on your side right away. The criminal lawyer will examine the search and other related issues and determine the legality of your charges.