One of the biggest issues that many people who are arrested face, whether they are guilty or not, is that they don’t know their rights. Not knowing your rights can ultimately result in more trouble for you than if you were to have remained silent. Upon being arrested, the arresting officer is required to read you your Miranda rights, which basically state that you are allowed to remain silent, that if you do say anything it can be used against you in court, and you also have the right to have the legal representation of an attorney. Many people are aware that their Miranda rights exist, but there are other provisions under New Jersey law that they may not be aware of. A lot of people think that just because the police have obtained an arrest warrant, they also have the right to search their home under that warrant.
It is important to be aware that this is simply not the case. Law enforcement in New Jersey is required to obtain a search warrant if they want to search your home and an arrest warrant if they wish to arrest you. Even if the arrest takes place at your home under an arrest warrant, they are not permitted to search your home without a search warrant. When police officers have obtained an arrest warrant, they must abide by the “knock and announce” rule. This rule requires that they knock on the door and announce their purpose for entering the home to arrest a suspect. However, there are exceptions to this rule. It does not apply if it would put the officers at greater risk, key evidence is needed immediately, and if the arrest would become more dangerous and aggravated.
If you believe your rights have been compromised while being arrested, contact an experienced criminal defense attorney today.
