When you become a suspect in a criminal investigation, the police may obtain enough information to support probable cause to obtain a warrant to search your home. But when the police arrive to execute the search warrant, what should you do to defend your rights and interests during the search?
Stay Calm and Do Not Resist
In most cases, police executing a search warrant for a residence must knock and announce their presence to facilitate a peaceful entry into the home. In some cases, police can apply for “no-knock” warrants that allow officers to forcefully enter a home without warning when investigators have concerns that occupants of a residence may attempt to conceal, destroy, or carry away evidence if alerted to the police’s presence.
Whether the police knock and announce themselves or execute a no-knock warrant, a search of your home can feel jarring. However, you should stay calm and refrain from panicking or arguing with the police. Try to keep the other people in your home, especially young children, calm and relaxed.
Furthermore, you should avoid resisting the officers’ efforts to execute the search warrant, as doing so may constitute a crime. Follow the officers’ instructions about where to sit and what to do during the search. If you need to use the bathroom or get something to drink or eat, ask the officers before getting up or leaving the room. Finally, you should advise the police of any other occupants currently in the home, including dogs or other domestic animals.
Ask to See the Warrant
You have the right to examine the search warrant or receive a copy. Review the warrant carefully to confirm that it lists your address and that the search occurs within the specified timeframe. Read the warrant to understand the scope of search it authorizes. Finally, make sure it has a judge’s signature.
If you notice any errors in the warrant, do not attempt to interfere with the search or argue with the police. Instead, make a note of the issue for your attorney. You do not have to consent to a search of any part of your home not listed in the warrant, but do not interfere with the officers if they insist on searching anyway.
Do Not Answer Questions Without an Attorney
You do not have to answer any questions asked by the officers during the search. Instead, you can politely inform the police that you wish to remain silent and want to speak with your attorney as soon as possible. Avoid making any statements during the search, as the police can use anything you say to further the investigation or as evidence in a subsequent prosecution.
Document What You Can
If the officers allow you to take notes on paper or your phone, document details such as the names and badge numbers of the officers conducting the search, the areas of the home they searched, any items you see them seize, and the time when the police arrived and left your house. After the search, remember to ask the police department for an inventory list of the items seized during the search.
Contact a Criminal Defense Attorney Immediately
After the police execute a search warrant at your home, you need dedicated legal counsel to defend yourself, as you may soon face criminal charges based on evidence the investigators found. Contact Frank & Juengel Law Group P.C. today for a confidential consultation with a knowledgeable criminal defense attorney. Let’s discuss your legal options for protecting your rights and interests after the execution of a search warrant at your home.