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P. Simmons
P. Simmons, Lawyer
Category: Criminal Law
Satisfied Customers: 33085
Experience:  16 yrs. of experience including criminal law.
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My son was in a car wrech, The police they found less then a

Customer Question

My son was in a car wrech, The police they found less then a gram on him. They let him go and told him to call them tomarrow.He called them and told them he didn't want to talk without a lawyer.They called him that night and said e are coming over to talk to you. I opened the door when he came an asked if they had a warrent. He said we don't need a warrent to talk to your son. The policeman said step outside so we can talk, my 19 yr old son said I feel more comforable talking in my house. The policeman got a crazied look in his eyes and came into my house and pulled my son out by one arm. There was no warrent for him. Can Police just come over and pull someone out of there house with out me saying he could come in. my son was being polite.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  P. Simmons replied 1 year ago.

My name is***** have over 16 years experience in the law. Should you like to chat on the phone I am happy to for a nominal cost. Let me know at any time during our question and answer session if you are interested I am happy to give you more details.

I am sorry for this dilemma.
What you are describing is an abuse of police authority...specifically, there is no obligation for any citizen to speak to the police...and no obligation to "leave their home" to speak to them. If the police have probable cause, they can arrest someone...but they can not use force to make someone talk...that would violate the 5th Amendment of the constitution.

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

Customer: replied 1 year ago.
Is it ileagal to come into my house and take my son out without me inviting him in and there was no warrent on my son, They called for the warrent when they got him in the police car
Expert:  P. Simmons replied 1 year ago.

It would be illegal for the police to enter your home without authority (an invite from you or a warrant, or an exception to the warrant requirement).

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.