What to do if the Police or ICE Come to Your House

Fourth Amendment

The Fourth Amendment states in part, quote, “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated.”

Arrest Warrants

In terms that apply equally to seizures of property and to seizures of persons, the Fourth Amendment has drawn a firm line at the entrance to the house. Absent exigent circumstances, that threshold may not reasonably crossed without a warrant.

Police

This means that generally, the police must have a valid and lawfully issued search or arrest warrant issued by a neutral and detached magistrate or judge, based upon probable cause, before they can enter your home without your consent to search for items or persons described in the warrant to be seized. A Form I-200, U.S. Department of Homeland Security Warrant for Arrest of Alien doesn’t cut it.

Judicially issued warrants shall only be issued upon a finding of probable cause, which must be based upon specific articulable facts that the items, (such as instrumentalities or fruits of a crime) are more likely than not to be located within the home, or that a person whom the police have probable cause has committed a crime will be located in the home.

ICE

In matters where ICE is attempting to arrest an individual within a home, ICE must have an arrest warrant issued by a federal magistrate or federal judge, not ICE or other Department of Homeland Security Officials ferreting out potential violations of potential immigration law.

What to Do When Authorities Come to Your Home

If the Police or ICE come to your home, they generally must announce their presence before making entry. Note that in some circumstances, such as where they have probable cause that their announced presence may result in threats to officer safety, the destruction of evidence, or the flight of an individual described in an arrest warrant, authorities may make unannounced entry.

If the Police or ICE come to your home, do not immediately open the door. Grab your phone and record the encounter. You are permitted to record the police or ICE while they are engaged in their official capacities, as long as you do not unlawfully interfere with them.

Next, request that they present to you a valid warrant to search your home or to arrest someone that they believe is in your home. Let them insert that warrant underneath the door or show it to you by putting it up to a window.

If the document looks like it has been signed by a court, you should open the door. If you are not presented with a document that looks like it’s been signed by a court, you can continue to speak to them through the closed door or not speak with them.

Whether you open the door, which I do not recommend if you are not presented with a valid warrant issued by a court, you are not required to answer any of their questions.

Fifth Amendment Right to Remain Silent

The Fifth Amendment of the U.S. Constitution states in part, quote, “No person shall be compelled in any criminal case to be a witness against himself.” This means that the government does not have the authority to make you answer questions that may incriminate yourself.

Sixth Amendment Right to Counsel

The Sixth Amendment of the U.S. Constitution states in part, quote, “In all criminal prosecutions, the accused shall enjoy the right to have the Assistance of Counsel for his defence.” This means that you have the right to speak with an attorney before answering any questions from the police or ICE.

Forced Entry into Home by Law Enforcement

If the Police or ICE force their way into your home, do not resist. Tell everyone in the home to remain silent and don’t answer any questions until they have had the opportunity to privately speak with a lawyer.

You have the right to remain silent. You do not have to discuss anything with them including your immigration status, whether you are a U.S. citizen or anything. If you have valid immigration documents you should show them. If you are arrested, say that you wish to speak to a lawyer before answering any questions. After making that clear, police or ICE should honor that request. They cannot compel you to say anything once you have invoked those rights.

Immediately contact an attorney as soon as possible if you believe your rights have been violated by a government official. If a state or local official violates your constitutional rights, you may have a claim where you could recover damages under 42 U.S.C. 1983- titled, “Civil Action for Deprivation of Rights.” If a federal official violates your constitutional rights, you may have a claim where you could recover damages, which is called a Bivens claim, under the 1973 U.S. Supreme Court precedent from case named Bivens v. Six Unknown Named Agents.

Contact Biazzo Law at alyssa@biazzolaw.com to set up a consultation today.