Knock kock. It's the cops! To answer or not to answer...

shroomster

shroomster

Bluelighter
Joined
Nov 15, 2002
Messages
1,058
Why I'm asking:I have many encounters with many different and, some, interesting individuals over the course of an afternoon and evening. No, I am not a drug dealer, nor are these encounters usually drug affiliated. However, I could understand why a snooper could mistake these visits for one.

So, let's say a cop knocks at my door and I'm not feeling like answering it. Okay, listen guys, I got arrested for being under the influence in public yesterday and now, I kid you not (I am no longer high, otherwsie I'd admit it could easily be paranoia and delusions), I have these motherfucking fords following me everywhere I go and hanging out in my neighborhood. This is the real thing this time, I'm afraid. In addition, I am certain that they will, eventually, want to give me a warm welcome wagon at my front door.


My Question:

If they were to come to my door, am I legally obliged to attend to their appearance? Must I open the door upon their arrival, or is it acceptable to talk behind a door? If I don't, can they legally break in? What about without my consent?

I am on probation and my very recent and sad:( arrest was a violation of that probational period.

This, I'm sure, changes the circumstances. So, again, [if on informal legal probation], do I have to open the door? Is it acceptable to talk behind a closed door? Etc. etc.


Details. I want to know my rights.
 
Moving to Legal Discussion

But from my knowledge the best way is to show up and close the door behind you, if they can't see anything suspicious inside and dont have a warrant they just can't get in, even if they try to intimidate you
 
There's no reason to answer your door for the police. Don't even bother to talk through the door. Ignore them unless they come back with a search warrant and break the door down. You have NOTHING to gain by talking to law enforcement or acknowledging their desire to speak to you.
 
shroomster said:
My Question:

If they were to come to my door, am I legally obliged to attend to their appearance? Must I open the door upon their arrival, or is it acceptable to talk behind a door? If I don't, can they legally break in? What about without my consent?

I am on probation and my very recent and sad:( arrest was a violation of that probational period.

This, I'm sure, changes the circumstances. So, again, [if on informal legal probation], do I have to open the door? Is it acceptable to talk behind a closed door? Etc. etc.
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If not on probation:

No one is required to answer their door or talk to the police (or anyone else). If the police have a warrant, they'll break the door down. If not, they'll leave.

I'll defer to more knowledgeable members to comment on the situation regarding probation, but a good place to start might be to have a look at the court orders referencing your present probationary period, including your legal obligations and the rights of your PO to examine the premises to enforce compliance with these obligations.
 
Why not just get rid of anything in the house that could get you in trouble just for the time being and you have nothing to worry about. Not answering the door if they come and they know your their is just going to keep their suspicion going. Either way don't let them in with out a warrant.
 
If you're on probation my advice (not knowing how the law would apply in your case) would be to assume, when possible, a cooperative attitude with the police. It is pointless to make confrontation or difficulty an end in itself. The terms of your probation should have been made very clear to you.

If you believe that even answering the door would result in demonstrating to the police some violation of your probation... well, then sure, try just talking through the door. But if you're at that point, you're going to be arrested one way or another. It may or may not be on that particular day, but it's going to happen. So if there is a substance abuse problem that has gotten beyond your control, the best course of action would be to seek medical help, rather than to attempt to evade the detection of the substance abuse.

I can also imagine a host of circumstances in which, if the police had reason to visit your residence to speak with you, and no one answered the door, they might then have legal reason to enter your residence.
 
The arrest (all of my arrests) have been 11-5-50s.

I've made countless attempts at sweeping my life clean of anything drug affiliated, including close ones. My addiction is what sets the stage for any legal problems I have had, and may have in the future..

Right now, at this very moment, my room is clean; I have, maybe, a few old syringes and baggies that I'm only holding on to be properly disposed of.

Then why are you afraid, shroomster?
Because if they can pop in at anytime they please, then violating probation won't presume more drug screenings and court appearances, but a cold, hard jail cell and dry toilet paper. Additionally, I rather not have to fret over law enforcement in my own home. I live with a father who shouldn't have to be subject to a violation of privacy because his son is a drug addict and can't keep his shit together.

Even if I were to move out today (coincidentally, I'm moving to a sober living this afternoon :D ), if the police were to bring in a dog trained to smell the life I've been leading, certainly they'd find something. A bag, a broken syringe, some crumbs of something I never bothered to vacuum. Then what? Court is expensive. Investigations are expensive. Money is scarce.
 
On probation at least in my state you have to consent to any search of your personal property.
 
nowdubnvr6 said:
On probation at least in my state you have to consent to any search of your personal property.
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You don't have to answer the door for any law enforcement other than your probation or parole officer...
 
^ Yes, when on probation, as already said, your privacy rights are very low. The PO may come into your place of living at any time and do a relatively minimal search of all your living area.
 
Coolio said:
You don't have to answer the door for any law enforcement other than your probation or parole officer...
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That would be correct if the probationer or parolee didn't live in CA. California has long made it a condition of probation or parole that a person must submit to a search or seizure either for the purpose of monitoring the probationer or to serve some other law enforcement purpose. This has been upheld by the CA Supreme Court in People v. Woods, 21 Cal. 4th 668, 681, 981 P.2d 1019, 1027 (1999). The US Supreme Court has affirmed in United States v. Knights, 534 U.S. 112, 120 n.6 (2001) as well as Samson v. California, 547 U.S. 843 (2006).
 
I'd like to add to this question - I read that you never walk outside. I've had cops come to my door and they asked me to come outside. I refused and stayed inside my home. Is it true that they cannot come inside your home to arrest you unless there is a warrant even if you have the door open but stay inside? Is it true that as soon as you allow them inside or walk outside that they can arrest you without a warrant as opposed to needing a warrant when you stay inside the premises?
 
ONly if they have a warrant otherwise just get on the ground and dont make a sound. They kick doored me @ 4am so if they are coming and trust me bud i had unmarked ford mustangs with raver looking kids following me, they WERE COPS>THEY ARE SUPER OBVIOUS THOUGH. If they have a warrant they will knock and then smash through the door. They will just knock say police then hit it with a doorstroyer. Seriously. If you are fucked your fucked. I went to prison in texas for a half pound of opium poppies(bad idea). However the warrant was for cocaine. if they really are following you then its too late cut your loses.

If they do kick door you it will jusy happen no friendly hello knock. just POLICE SMASH. "GET ON THE GROUND<WHERE ARE THE GUNS<DRUGS>ETC. In texas they try to get info by taseing you. First hand experience. But what if you had no info? they tortured me untill i had a seizure and defecated in my boxers. If you hear police then a knock they are most likely there to talk, bs whatever. If its serious like you slang then they allready have overwhelming evidence against you, possibly and its only a matter of time and how much. literally. In all regards cut your loses. warrants are issued after gathering evidence and they need a warrant to gather evidence. So by the time they get around to busting down your door @ 4am,(hopefully not) they have their hypothesis firmly in place and are just doing the dirty work of physically proving your guilt in court. Best advice is DO NOT GIVE ANY CONSENT AND DONT TALK UNTILL YOU ARE IN FRONT OF AN ATTOURNEY, THEY CAN AND DO PLAY DIRTY!
I did time in a TX PRISON FOR a bag of ground up poppies. So take care. Seriously.




.
 
Last edited by a moderator:
Lysis said:
I'd like to add to this question - I read that you never walk outside. I've had cops come to my door and they asked me to come outside. I refused and stayed inside my home. Is it true that they cannot come inside your home to arrest you unless there is a warrant even if you have the door open but stay inside? Is it true that as soon as you allow them inside or walk outside that they can arrest you without a warrant as opposed to needing a warrant when you stay inside the premises?
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Yes, if you are inside of your home the police cannot arrest you without a warrant or consent. However, if you cross the threshold and go outside they can arrest on probable cause alone. no warrant needed.
 
Yes, if you are inside of your home the police cannot arrest you without a warrant or consent.
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That would depend greatly on the situation at hand. Police in hot pursuit of a suspected felon are allowed to forcibly enter a home without a warrant. The police may also make a warrantless entry if exigent circumstances exist, such as a person being in imminent danger, or the possibility of a suspect escaping or destroying evidence.
 
I'd like to add even if you're in the doorway of your house they can arrest you. In U.S. v. Santana the Court ruled that a doorway is to be considered a public space.
 
i was under the impression they could, and that that was the reason police often bring a game warden on the bust as they dont have to have a warrant.
 
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