Can i ignore a police officer

The police or other law enforcement authorities can only lawfully enter your home under certain circumstances — otherwise they are the same as any trespasser.

The home is seen under our law as the most private place, but there are exceptions to your protection against police intrusion.

Police Coming to Your Door : Any person, including a police officer, has your implied consent to walk onto your property for the purpose of communicating to you at your front door. If the police have a legitimate reason for communicating with you, such as responding to a call or seeking information for an investigation, then there is nothing wrong with this. There is also no obligation to answer the door when the police come knocking. There is no obligation to speak to the police at your door, and you can end any conversation with them whenever you choose.

Police Entering Your Home by Invitation : The police may come to your door to speak with you and in the process ask if they can come inside.

You do not have to let them enter, but they are allowed to under law if you give them permission. If you are not sure whether to grant this permission, contact one of us before making this decision. Giving the police permission to enter your home is not the same as giving them permission to search your home, but police may ask to do this as well and you may grant it.

If you give police permission to search your home, then they can do so without a warrant. A search of your home by police is a serious intrusion of your constitutionally protected privacy interests and you should consult a lawyer for legal advice before making this decision. Search Warrants : A search warrant is a judicial authorization to enter and search a place for evidence of a crime. They are often used for the search and seizure of illegal drugs or firearms, but may be related to a search for evidence of any crime.

It may authorize the police to enter at night, and it may authorize the police to use force in making their entry.

Police can detain the people found in the home while the search is being conducted, and may make arrests or lay charges based on what is found. The police may also seize any number of items found during a search in pursuit of their investigation. The validity of search warrants can be challenged later in court, and issues related to the release of items that are seized can also be dealt with later. Anything that is seized as evidence will likely be held at least until the related charges are over.

Arrest Warrants : In certain circumstances, police will obtain a warrant to enter a home where a wanted person is believed to be in order to arrest that person. The validity of these warrants can be challenged later in court. Police officers may be entitled to enter your home to pursue a fleeing suspect, even if the suspect is entering a home that is not his own. This is sometimes referred to as hot pursuit , and may include a drunk driver pursued by police who pulls into his driveway and runs into his home.

Police may have grounds to believe that entering a home is necessary to prevent the destruction of evidence of a serious crime. This may include flushing drugs down the toilet or burning or destroying DNA evidence related to a sexual assault or a murder.

Outside of Your Home : Your gated backyard is also a private a place, but the trash that you leave on your driveway is not private. Once you leave trash out to be collected, you give up your privacy in the contents, meaning that police are as free as the garbage man to pick it up and take a look inside.

Whatever the case , contacting a lawyer directly for legal advice at the earliest opportunity is the best way to know what your rights are in protecting the privacy of your home. Getting pulled over by the police while in your car is a common experience for many Canadians. The officer may or may not succeed in getting the subpoena. If you receive a subpoena or an officer threatens to get one for you, you should call a lawyer right away.

You have the right to say that you do not want to be interviewed, to have an attorney present, to set the time and place for the interview, to find out the questions they will ask beforehand, and to answer only the questions you feel comfortable answering.

If you are taken into custody for any reason, you have the right to remain silent. No matter what, assume that nothing you say is off the record. And remember that it is a criminal offense to knowingly lie to an officer. Share this issue:. Select a scenario. What kind of law enforcement officers might try to question me? Print: this section. Share this scenario:. Do I have to answer questions asked by law enforcement officers?

Are there any exceptions to the general rule that I do not have to answer questions? Can I talk to a lawyer before answering questions? Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Grow Your Legal Practice. Meet the Editors.

Stopping and Questioning People on the Street. Must I answer a police officer's questions? Can I walk away? Updated March 11, Even without any reason to suspect that you've done anything wrong, a police officer can approach you to ask questions and ask to search you or your objects such as a purse or briefcase.

Can I Walk Away? Is Talking to the Police Ever Helpful? Talking to a Lawyer If the police want to talk to you and you have the chance, consider consulting an experienced criminal defense attorney. Talk to a Lawyer Start here to find criminal defense lawyers near you. Practice Area Please select Zip Code. How it Works Briefly tell us about your case Provide your contact information Choose attorneys to contact you. Legal Information.

Criminal Law Information. Proof and Defenses in Criminal Cases. Getting a Lawyer for your Criminal Case. Steps in a Criminal Defense Case. Arraignment: Your First Court Appearance. Plea Bargains in a Criminal Case.

Legal Elements of Common Crimes. Expungement and Criminal Records.