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Telling the police to leave. do you have the right? law enforcement

Selden, NY |

I know that if when the police rings your door bell, they need your consent to come in. However, what if you let them in, then they said that they want to ask you some questions about a crime? Do I have the right to tell them to leave instantly even after I said they can come in? Can I be aggressive and say something like "get the f*** out of my house"? "I wont answer any of your mother F***ing questions". Do the police have to leave my house by law? Profanity in my own house allowed?

Attorney Answers 3

Posted

Is this something that already happened or are you simply planning ahead? You do not have to answer questions and you can use that language. But why would you? It would only inflame the situation. It is not a crime to direct profanity to the police in your own home.

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Posted

I have known plenty of police who will use "fighting words" to get someone in a position to make an aggressive move. Remember, a fool will only give into someone's bait while a stronger man will stand up straight and not flinch a muscle. Keep your cool, man. Let them do something stupid when they see they can't provoke you and turn it right back on them. And I think that's exactly what will happen (because you've already run across the bad cop who flashes his ignorance and thinks he'll do it over and over. No, he will be caught. Don't give into it.)

Posted

You lost control when you let the police in without a warrant.

When the police are in, there are few, if any, witnesses other than the police to what then happens and the police are free to use anything visible which is evidence of a crime. Temper tantrums and obscene outbursts will not cure those problems.

The foregoing is for general information purposes and does not establish an attorney-client relationship.

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Posted

The NY "anti profanity" statute has been held to be unconstitutional so technically in it of itself with nothing more there is nothing illegal with being profane, certain,y in your own home. You certainly don't ever have to answer any questions the police ask of you (and I would never advise talking to the police without an attorney) and yes absent a warrant you are free to ask the police to leave your home at any time (though at this point they would probably conjure up some excuse that would allow them to stay). If this is a real scenario make sure you get an attorney ASAP.

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