No matter who you are or whether or not you participate in any illegal activities, there may come a time when law enforcement shows up at your front door. As a citizen, you should know what your rights are so you can make the most informed decision when interacting with police. Here are 9 things to keep in mind if you find yourself in this situation:
1. You’re not obligated to open the door.
It’s not a crime to keep the door closed. If there’s no warrant, you don’t have to answer any questions. Kentucky v. King said it best: “When law enforcement officers who are not armed with a warrant knock on a door, they do no more than any private citizen might do.”
2. The safest place for you is inside your home.
It’s important to be respectful and hold your ground, simply because you can. You have the best protection against illegal intrusions inside your house, apartment, etc. You have a constitutional right to be secure in your home—feel free to stay there.
3. They need a warrant to enter your home.
Simply tell them, “I don’t consent to any search and I will not allow you inside without a search warrant.” The only way an officer can enter your home without one is if you’ve allowed them inside, or if there are “exigent circumstances.” This is a legal term used to define immediate emergencies in which the police are required to enter but there is no time to obtain a warrant.
4. Noise complaints are not “exigent circumstances.”
The police have been trained to intimidate, so they may try to bully you into allowing them inside if your neighbor has called in a noise complaint. Just remember that this does not support entry without a warrant.
5. If you consent to entry, you wave certain rights.
Keep in mind that if you do invite officers inside your home, anything that they see or smell is fair game. Even if you just open the door to speak with them, if they see anything illegal in plain view, they can enter, search, and seize evidence.
6. It doesn’t matter if you have “nothing to hide.”
You generally shouldn’t even open the door until you see a warrant, because you don’t always know who has been in your home or what they’ve brought with them. You have nothing to gain and everything to lose from a police search.
7. Anyone can consent to entry.
Meaning that you don’t have to be the homeowner to invite the police in. Make sure none of your guests allow the police to enter without your say-so.
8. You should never run from the police.
Even if they do something unlawful, running away is seen as resisting arrest and will always make your case much worse. Not to mention, it’s incredibly dangerous.
9. Just say “no.”
If you refuse to speak with the police, or let them in your home, they may try different tactics to get inside. They’re going to try to obtain your consent, because even if they really wish to come inside, getting a warrant from a judge is time-consuming. It’s easier to trick you into allowing them inside. Just repeatedly tell them “no.”
