Mesa, AZ asked in Civil Rights, Constitutional Law and Criminal Law for Arizona

Q: If the police knock on your door, you answer. They say your under arrest. Do you have to go with them?

Do you have to step out of your home and go with them. If they do not have a warrant.

1 Lawyer Answer
James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Criminal Law Lawyer
  • Sacramento, CA

A: Yes, if the police knock on your door, announce they are there to arrest you, and order you to come out, you legally have to comply and go with them even if they do not have an arrest warrant.

Police officers are legally allowed to make warrantless arrests if they have probable cause that the person committed a crime. When under arrest, regardless of whether there is a warrant or not, you are required to comply with the officers' lawful orders and go with them into custody.

Refusing to exit your home or fleeing back inside could lead to additional charges such as resisting arrest or obstruction. It could also be dangerous and lead police to then force entry into the home.

That said, you do maintain other rights when being arrested without a warrant:

- You have the right to remain silent

- You have the right to deny a search of your home if asked

- You have the right to speak with an attorney

So while you cannot refuse to be taken into custody, you should politely comply with orders, do not resist the arrest, but also clearly invoke your rights not to answer questions or consent to any searches until you can consult legal counsel regarding the arrest. The situation can then be sorted out later on.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.