Question about your rights when the police are knocking at your door.?
Ok, I recently watched this video (no i'm not advertising nor do you have to watch it http://www.youtube.com/watch?v=z_ckcdtQ95w
&feature=relmfu) but it pretty much says if the police knock on your door you don't have to let them in for any reason unless they have a search warrant... What happens if you're partying at your apartment and they knock on your door? Can you tell them to fk off unless they have a search warrant?
@abby everytime a cop has gotten a search warrant for me it's taken 5-6 hours but they always guard the place. Also i'm not really going to say fk off but you know what i mean
- 8 years agoFavorite Answer
If they receive a noise complaint, they have to investigate. They CAN come into your house if they witness illegal or harmful activity in plain view, but under search and seizure (4th amendment), which is what this video is talking about, they cannot search your home without a warrant specifying the areas to search.
So for example, you're of legal drinking age, and you throw a party. They receive a noise complaint, and they pull up to your house. They can hear the loud music, and see people drinking in front of the window. As they walk up the driveway, they hear some yelling and through another window they see a man pull a gun on another man in your home. They can then enter your home without a warrant, because lives are at stake.
Say they ring the bell numerous times and no one answers the door. Worst case scenerio, they can force open the door and arrest the person(s) responsible for the noise, and in addition to writing citations for the noise complaint, they could also charge the person(s) occupying the home or throwing the party with obstruction or resisting. That's why it's probably better to answer the door and talk to them. You don't have to let them in, you can keep the chain on the door, but you should at least discuss it with them respectfully and agree to keep the noise level down. Keep in mind too, if you open the door and they see someone snorting lines off the coffee table behind you, along with what looks like a big bag of coke, they can come right in, arrest the person in possession and confiscate what they believe to be the contraband... but while in your house doing that, they can't decide to go into the back bedroom and start going through your bureau looking for more coke or anything else... they need a warrant for that.
- MuttLv 78 years ago
If they see something in plain view that is illegal, they no longer need a search warrant. This falls under "probably cause".
And nothing says they have to leave if you don't answer. If they know you are in the place, they can stand outside your door and constantly knock until you get so frustrated with the knocking that you finally answer the door.
And just turning up the music will not help. Then you could be looking at a noise violation, and they can just send the ticket in the mail to you.
If they do end up entering without a warrant, about all you could do is get any evidence they find by entering thrown out. But this does not mean the case is thrown out. If they have enough evidence collected legally, they can still file charges.
- Anonymous8 years ago
Well if you tell them to f-off then that becomes verbal abuse to the officers, then you have a major problem and they have the right to come in. Also, if it's a loud party they usually do have the right to go in to check out what all is going on and if there are any under-age drinkers. Also.. if you do not let them in they will stay there and call another officer to issue a search warrant and will be there shortly.. so pretty much either way they'll comei n
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- 8 years ago
I dont think so, what if neighbors are complaining about noise how could u possibley ignore the police on your doorstep i dont think i could party at all knowing there standing out there some cops can write a ticket or citation for u disturbing the peace and u have to pay it and where i live if your partying and the cops come to your house if they can get u outside and then u start arguing with them they can get u for public intoxication because your outside of the house!
- 8 years ago
it depends really. if they're there for a noise complaint then id say don't tell em to **** off. but if they're there for say a noise complaint and see something "illegal" like weed on a table or something for standing outside you don't need to let them in you can tell them they need a search warrant to get into the house even if drugs are visible. and by the time they actually get the warrant all the evidence will be gone.
- 8 years ago
Just don't say anything. They typically can't do anything unless they have a warrant, probable cause, or feel that someone is in danger. However being loud can be illegal in some districts, which gives them probable cause to believe a law is being broken.
- DonnaLv 44 years ago