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.
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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.
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