Q: What Should I Do If There Is An Immigration Raid Where I Work
A: If your workplace is raided, it may not be clear to you whether you are free to leave. Either way, you have the right to remain silentyou do not have to answer questions about your citizenship, immigration status or anything else. If you do answer questions and you say that you are not a U.S. citizen, you will be expected to produce immigration documents showing your immigration status. If you try to run away, the immigration officers will assume that you are in the U.S. illegally and you will likely be arrested. The safer course is to continue with your work or calmly ask if you may leave, and to not answer any questions you do not want to answer.
Can The Police Come In My House Without A Warrant
The Fourth Amendment to the U.S. Constitution protects people from the government performing unreasonable searches and seizures and requires that warrants may only be issued based upon probable cause. So the general rule is that the police have to have a warrant to enter your home unless there is an exception to that rule and it is a reasonable search.
The Supreme Court has made exceptions to the warrant rule through several cases. The exceptions that allow police to enter your person or property without a warrant are as follows:
Police Have The Right To Search Any Abandoned Property
If you leave your suitcase unattended in the airport to run to the bathroom, the police have every right to search it. This was determined in the landmark 1997 United States v. Tugwell Supreme Court case, which determined that whenever a person leaves property unattendedintentionally or otherwisethey forfeit any privacy protections provided by the Fourth Amendment.
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Do I Need To Open My Door If Police Knock
Not always. If police have a warrant, or there are compelling conditions known as exigent circumstances , you do. But if police are at your door for most other purposes, then police are like anyone who knocks at your door, and youre not legally required to open up, says Jules Epstein, a professor of law and director of advocacy programs at the Temple University Beasley School of Law. That approach, Rudovsky adds, also likely applies to any government official, such as immigration officers or the FBI.
Ask why they are there. Unless you called the police, or you think theres some good reason why the police are there to help you and you can certainly inquire you dont have to open your door, Rudovsky says. You can say, What are you looking for? What do you want? and I dont need your help. Please go away.
If you do open the door, it may come with some risks, Rudovsky says. For police can seize illegal items and charge you for having them if they are in plain view, such as illegal drugs on a table that can be seen from the door, or if the officers are legally in your space.
What You Should Know If The Police Come To Your Door
While many individuals believe that cooperating with the police is a good idea, it often isnt. Before consenting to any search requested by the police, you would be wise to ask the police to wait outside while you have an opportunity to speak with your lawyer in private. Or simply call a lawyer prior to answering the door if it is clear they do not have a warrant.
If you have more questions about what to do if the police come to your door, dont hesitate to contact our legal team. Were here to help you understand and know your rights in all situations.
DISCLAIMER: Liberty Laws Website, and the contents therein, is not intended to be asubstitute for actual legal advice. Rather, this website is intended toprovide generic legal information only. The scenarios and concepts described may or may notapply to your particular case. Further, even if the scenarios described appear to apply to yourcase, there are always exceptions to every rule that cannot be fully described here. Finally,reliance on any of the contents described in this website shall not create a solicitor-clientrelationship. To retain a lawyer for legal advice specific to your case, please contact one of ourlawyers for a free-consultation at 1-833-784-7500.
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What Happens If The Police Raid A Shared House
If you live in rented accommodation the police should not search the premises solely on the basis of your landlords consent. However, they can seek consent from someone who is on entitled to grant entry, such as a housemate or family member.
If they have come to arrest you or are conducting a search after your arrest, they do not require consent but are only permitted to search areas that are reasonably required to find any evidence. This generally means a persons room but also often shared or communal spaces.
If You Are Stopped And Questioned
Keep calm. Do not run. Do not argue, resist or obstruct the officer, even if you are innocent and the police are violating your rights. Always keep your hands where the officer can see them.
Ask if you are free to leave. If the officer says yes, move calmly and quietly. If you are arrested, you have the right to know why.
You have the right to remain silent and cannot be punished for refusing to answer questions. If you want to remain silent, tell the officer out loud. But note that you are expected to identify yourself to Florida law enforcement officers when you are stopped on suspicion of a crime or a traffic violation.
You are not required to give permission to have your person or belongings searched. Officers can search your person if they suspect you have a weapon. You must not resist physically, but you have the right to refuse a search. If you consent, this can harm you later in court.
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Download Police Scanner Apps For Your Phone
There are police scanner apps available that you can download. With these apps you will receive feeds from police, fire and EMS channels from everywhere in the country.
These feeds that you hear are not necessarily live feeds so what you listen to may be 24 hours old or perhaps older.
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Q: Do I Have To Answer Questions Asked By Law Enforcement Officers
A: No. You have the constitutional right to remain silent. In general, you do not have to talk to law enforcement officers , even if you do not feel free to walk away from the officer, you are arrested, or you are in jail. You cannot be pun- ished for refusing to answer a question. It is a good idea to talk to a lawyer before agreeing to answer questions. In general, only a judge can order you to answer questions.
Q: Can Law Enforcement Officers Search My Home Or Office
A: Law enforcement officers can search your home only if they have a warrant or your consent. In your absence, the police can search your home based on the consent of your roommate or a guest if the police reasonably believe that person has the authority to consent. Law enforcement officers can search your office only if they have a warrant or the consent of the employ- er. If your employer consents to a search of your office, law enforcement officers can search your workspace whether you consent or not.
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When Is It Legal For Police To Enter Your Home In Virginia
One of the most common questions people have about their own rights is when police can legally search their home. After all, the Fourth Amendment protects you from unreasonable searches and seizures.
Over the years, there have been both state and federal court cases that have helped to establish when it is legal for law enforcement to enter your home and when doing so violates your basic civil liberties. Understanding when law enforcement has the legal right to enter your home can help you stand up for your rights and assert yourself during a potentially uncomfortable encounter.
When Can Police Legally Enter My Home
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If the officers have a search warrant or an arrest warrant for someone who lives at the residence, they may enter even without your permission.
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If there is a reason to believe someone is injured or in danger, officers may enter without your permission.
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If you verbally agree to let the officers enter or search your residence, the officers may do so. A third party may not consent on your behalf.
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Iv Additional Information For Non
In the United States, non-citizens are persons who do not have U.S. citi- zenship, including lawful permanent residents, refugees and asylum seekers, persons who have permission to come to the U.S. for reasons like work, school or travel, and those without legal immigration status of any kind. Non-citizens who are in the United Statesno matter what their immigration statusgenerally have the same constitutional rights as citizens when law enforcement officers stop, question, arrest, or search them or their homes. However, there are some special concerns that apply to non-citizens, so the following rights and responsibilities are important for non-citizens to know. Non-citizens at the border who are trying to enter the U.S. do not have all the same rights. See Section V for more information if you are arriving in the U.S.
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If They Dont Have A Warrant You Dont Have To Talk To Them Or Open The Door
The United States Supreme Court and the Texas Court of Criminal Appeals have both recognized that homeowners dont have to talk to cops or answer the door if they dont have a warrant:
When law enforcement officers who are not armed with a warrant knock on a door, they do no more than any private citizen might do.And whether the person who knocks on the door and requests the opportunity to speak is a police officer or a private citizen, the occupant has no obligation to open the door or to speak. And even if an occupant chooses to open the door and speak with the officers, the occupant need not allow the officers to enter the premises and may refuse to answer any questions at any time.
You dont have to talk with the police. When you do decide to talk with cops, you begin to give them evidence that can be used against you. Rare are police reports or arrest videos where someone gives the golden answer to police questioning: I dont answer questions without my lawyer. This answer invokes your rights, minimizes evidence, and cannot be taken as evidence against you . So again I repeat: You dont have to talk with the police.
Do you have to open the door for police?
You also dont have to open the door to a warrantless cop. When you do, they might take it as an invitation to enter the home, leading to an argument later about whether the cop had consent to enter. Instead, keep the door closed/locked, turn down the music, and wait for them to leave.
Just wait it out, Kevin!
Trying To Find Out Why A Sheriff Came By My Houseis There A Way I Can Find Out Charges Filed Against Me Or Whybefore I Call
- Posted on Jan 11, 2013
if you believe you are being investigated for a crime, you need to hire a lawyer to find out for you and work out a way to turn yourself in and get a bond quickly. If you owe money to anyone or are in the process of a custody or divorce dispute, this might just be a deputy looking to serve you with civil paperwork, in which case you would need to see a lawyer who dealt with the type of lawsuit. Civil process deputies usually have that on their card, and this is what they do when you are not home and they want to just get you served. If this were a criminal warrant, they would just come back rather that leave a card, in most circumstances.
The above information is general in nature. In order to obtain more specific and legal advice upon which to base your important decisions, please contact our office directly for a free phone or in person consultation.Robert M. Gardner, Jr.Hicks, Massey & Gardner, LLP53 W. Candler St. Or 718 Oak St.Winder, Ga. 30680 Gainesville, Georgia 307-4899 538-0555gadebtlaw.comhicksmasseyandgardner.comserving metro Atlanta and all of Northeast GeorgiaBankruptcy, Divorce, Personal Injury, Workers Compensation, Medical Malpractice, Adoption, Civil and Criminal Litigation
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What If I Feel Like My Rights Have Been Violated
If you feel your rights have been violated, or that you have been mistreated in an interaction with police at your home, there are steps you can take.
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Document what happened. The best things to do are document it while they are there, or immediately thereafter. Talk to neighbors and get their accounts immediately thereafter while it is fresh in peoples minds, Epstein says. That can be done by filming with a cell phone, talking through what happened into a recording app, or simply writing the information down. The ACLU suggests taking down the names and badge numbers of any officers involved.
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If you want to make a complaint. In Philadelphia, you can file a complaint with the Philadelphia Police Departments Internal Affairs Bureau, or the Police Advisory Commission . Epstein also suggests speaking with a city council member, a block captain, or a local religious leader to help organize your complaint and have your voice heard. And in some situations, legal action may also be appropriate.
White also suggests speaking with available community groups about your interaction, or, if there are none in your area, forming one. Counseling, she says, can also be helpful in maintaining a semblance of sanity while going through this insanity.
Expert sources:
Q: Are There Any Exceptions To The General Rule That I Do Not Have To Answer Questions
A: Yes, there are two limited exceptions. First, in some states, you must provide your name to law enforcement officers if you are stopped and told to identify yourself. But even if you give your name, you are not required to answer other questions. Second, if you are driving and you are pulled over for a traffic violation, the officer can require you to show your license, vehicle registration and proof of insurance .
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