During interactions with law enforcement officials in New Jersey, it’s important for residents know their rights. For example, if the police try to force you to leave your home without a warrant for your arrest, you may be able to refuse.
The police can only force you to leave your home under certain conditions in New Jersey. Law enforcement officials can’t make you leave your house for an interview or to speak to other occupants in your home. Generally speaking, unless officers have a warrant for your arrest, they can’t make you leave. Call a criminal defense attorney immediately if you are forcibly removed from your home by law enforcement officials. New Jersey police officers might try to intimidate you into leaving your house to conduct an interview, hoping you will incriminate yourself. Don’t allow this to happen and reach out to an attorney immediately if the police attempted to remove you from your home.
We’re here to help New Jersey residents facing criminal charges. For a free case evaluation with the New Jersey criminal defense attorneys at the Law Offices of John J. Zarych, call today at (609) 616-4956.
Can New Jersey Police Officers Force Me to Leave My Home?
Your home is your property – your domain. When New Jersey police officers show up, asking you to leave, you may be understandably caught off guard. Unfortunately, many New Jersey residents don’t know their rights or when they’re allowed to say no to police officers. Because of that, it’s important to learn whether or not New Jersey law enforcement officials can force you to leave your home.
The answer to your question is: it depends. If New Jersey police officers have a warrant for your arrest, they can come to your home and arrest you, forcing you to leave. If police officers are called to your residence and have probable cause to believe you have committed a crime, they can arrest you and force you to leave your home.
Unless they have a search warrant or certain emergency circumstances are at play, New Jersey police officers generally need either the homeowner’s or another occupant’s permission to enter a property. Unless very specific criteria are met, law enforcement officials cannot enter your home or force you to leave without your consent.
Understanding your rights is important. Often, police officers know that many people are intimidated by law enforcement officials, and might use that intimidation to persuade you to leave your home. Call an Atlantic City criminal defense attorney if police officers show up at your house and ask you to go with them. It’s important to know whether or not law enforcement officials are simply making a request you can deny, or actually have the authority to force you from your home.
Why Might the Police Want Me to Leave My Home in New Jersey?
Depending on the circumstances, New Jersey police officers might want you to leave your home for several reasons. Understanding these reasons is important, so you don’t unknowingly jeopardize your freedom.
One of the biggest reasons New Jersey police officers may ask you to leave your home is for an interview. Generally, law enforcement officials prefer to conduct interviews on their turf so they have control over the conversation. If a police officer shows up at your home and asks you to leave to speak to them, you do not have to. They can’t force you to leave for an interview unless they have a warrant for your arrest.
If New Jersey police officers have a warrant to search your home, they might ask you to leave. Unless you are interfering with search efforts, you cannot be forced to leave. In fact, it can be beneficial to stay put. Call your Wildwood criminal defense attorney immediately after law enforcement officials show up with a warrant to search your home. Your lawyer can read the warrant and understand its contents, to prevent police officers from searching outside the allowed parameters.
New Jersey police officers might ask you to leave your home to speak to other occupants. Again, unless you’ve been arrested, law enforcement officials cannot force you to leave your house so they can speak with others.
What Should I Do if the Police Force Me to Leave My New Jersey Home?
If New Jersey police officers recently forced you to leave your home, call an attorney right away. If criminal charges have been brought against you, your lawyer may be able to get them dismissed.
Suppose New Jersey police officers forced you to leave your home without a warrant for your arrest or probable cause to arrest you. In that case, they may have acted incorrectly, giving you leverage in a criminal case.
While being forcibly removed from your home can be understandably upsetting, it’s important to remain as calm as possible. Pay careful attention to New Jersey police officers’ actions. Did they have a warrant for your arrest? Did they enter your home without a warrant or permission? Tell your New Jersey criminal defense attorney if police officers violated your rights and unjustly and forcibly removed you from your home. Any misconduct can warrant a dismissal of criminal charges brought against you.
If you were recently removed from your home by New Jersey police officers, it’s important that you call your lawyer. While you might be upset and confused, stay quiet. Speaking to law enforcement officials in the heat of the moment can negatively affect you in the future. So, remain silent and ask to speak to your lawyer right away. Once you say those words, New Jersey police officers are not permitted to ask any questions until your attorney arrives, eliminating any advantage they may have had by forcibly removing you from your home.
Call Our New Jersey Criminal Defense Attorneys Today
If New Jersey police officers forcibly removed you from your home, call our lawyers. For a free case evaluation with the Ocean City criminal defense attorneys at the Law Offices of John J. Zarych, call today at (609) 616-4956.