If the Police Do Not Have a Warrant, Should You Let Them In?

 Posted on March 20, 2025 in Criminal Law

Since the police rarely knock on your door to deliver good news, it can be stressful and frightening when police officers knock on your door. Many people think they are required to let law enforcement in, so it is important to know that they must have a warrant to come into your home – unless you give them permission.

It is easy to think that you have nothing to hide, so why not just let the police come in your home and search? Make no mistake, there are a hundred things in virtually anyone’s house that the police might consider "suspicious."

Unless you are 100 percent certain that nothing could be deemed even the slightest bit suspicious in your home, just say no. Once granted access to your home, the police will likely also ask questions of anyone in the house at the time. Talking to law enforcement voluntarily will never benefit you in any way.

If you unfortunately granted access to your home to law enforcement and are now under arrest for a criminal offense, or if you have reason to believe law enforcement is obtaining a search warrant for your home, contact a highly skilled Wheaton, IL criminal defense attorney as quickly as possible.    

Never Attempt to Physically Prevent the Police from Entering Your Home

Few law enforcement officers will attempt to enter a home without a warrant or permission from the owner because such actions could result in the entire case being thrown out. If police officers do attempt to enter your home without permission and without a warrant, never try to physically stop them.

This is not a fight you can win, and it could result in your arrest or, worse, being injured or killed by a police officer. If you can, record the interaction but do not put yourself in danger by doing so. When the police leave, write down everything you remember about the encounter. Even the smallest detail could help your attorney argue that anything taken in the illegal search is inadmissible.

What You Should Do When the Police Are at Your Door?

Either talk through the door or make sure your screen door is locked before you open the door. Ask if the police have a warrant. If they do not, politely tell them you will not answer questions without your lawyer present, and they may not come in without a warrant. Do not talk or answer questions beyond this under any circumstances. If the police officers leave, immediately contact a criminal defense attorney.

Make sure you ask the officers to show you identification. If the officers say they have a warrant, ask them to slide it under the door or hold it up to a window so you can read it. The warrant must be signed by a judge, or it is not valid. It must also have your name and address on it. Warrant or not, you still have the right to remain silent and not answer questions. Carefully watch what the officers do, what parts of the house they go to, and what they take.

If you can, write down the officers’ badge numbers, the agency, and contact information from witnesses so you can file a written complaint with the agency’s internal affairs division. What if you are a guest in another person’s home who answers the door to find police officers? You should make it very clear that you are a guest and do not have the authority to allow police officers to come inside without a warrant.    

Contact a DuPage County, IL Criminal Defense Attorney

There is so much at stake if you or a loved one is arrested for a criminal offense. You need a strong, aggressive defense from a Wheaton, IL criminal defense lawyer. When you choose an attorney from Stephen A. Brundage, attorney Brundage brings his law enforcement background as a police officer, evidence technician, instructor, and investigator to your case. This experience offers key advantages to every client. Call 630-260-9647 to schedule your free consultation with an attorney who has practiced law in Illinois for 30 years.