Encounters with the police can be intimidating, even when you have done nothing wrong. Whether the police are investigating a crime scene or patrolling a neighborhood, remember that they are simply doing their job. Nevertheless, it is important to understand your rights. For example, just because an officer has the right to ask you questions does not mean you have a duty to answer them. Or just because an officer has the right to knock on your door does not mean you have a duty to allow him inside.
Police Investigations in Public Places
The police have more leeway in public places than they do in private residences. An officer does not need a warrant to search a public place. Moreover, if an officer reasonably suspects that a person might be committing a crime in a public place, then he can temporarily detain that person in order to investigate. However, his suspicion must be based on specific facts, like if the person attempted to flee and if the location is a high-crime area. During the stop, the officer may:
- Pat down the detainee’s outer clothing for weapons (and remove them); and
- Ask the detainee to identify himself.
Under the law, you are required to identify yourself if an officer requests that information. While you can be arrested for giving false identification to a police officer, you do not have to answer any other police questions. You have the constitutional right not to provide incriminating answers. In other words, you have the right to remain silent. If you are unsure of what to say, the best course of action is not to say anything (except if the officer is asking you to identify yourself).
Officers may also ask any person to talk voluntarily. If you are unsure whether you are free to leave, do not be shy about asking the officer. If he does not have a reason for temporarily detaining you, and if you have not been arrested, then you can walk (but not run) away. In short, always be direct and ask the officer: “Am I free to leave?”
Knocking on Your Front Door
If an officer knocks on your door, do not be afraid to answer it. Typically he would need a search warrant to enter your house, so do not feel pressured to invite him inside. Your best course of action is to step outside to speak with him (if you choose to), remembering to close the door behind you. If you do invite him inside, or leave your door open, the officer will not need a search warrant to arrest you for illegal objects lying in plain view. That evidence would also be admissible in a court of law.
If the officer comes to your door with a warrant in hand then you must comply. The warrant will describe the place and/or person to be searched, as well as the things to be seized. That evidence is also admissible in a court of law.
The police are not perfect. They make mistakes, and sometimes the evidence they collect is inadmissible in a courtroom. If a consensual or non-consensual police encounter has resulted in your arrest, contact us today for a consultation. Our experienced Chicago criminal defense attorneys will know whether your rights have been violated. We can assist those in Chicago and the surrounding area.