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Police officers also may show up at a person’s place of residence. Aside from a few limited exceptions, the police need a valid search warrant to enter your home without your consent. Many mistakes are made by individuals when police suddenly appear at someone’s doorstep. If this happens, it is VERY important to ask whether they have a search warrant or not.

If the police arrive at someone’s place of residence, regardless of whether they have a warrant or not, they must announce who they are. If they have a search warrant, under the “knock and announce” rule, they must state their authority to search the home before entering.

No Search Warrant

If the police knock on someone’s door for whatever reason, outside of certain circumstances, an individual absolutely has the right to refuse entry. The most important thing to note is that in most cases, the police legally are allowed to come to an individual’s residence (house or an apartment) and knock on the door. The U.S. Supreme Court has dictated that the police are not prohibited from doing so, however, in the case of Kentucky v. King, they also mandated when “law enforcement officers who are not armed with a warrant knock on a door without a valid search warrant, they can do no more than any private citizen might do.” As well, it the U.S. Supreme Court has ruled that “whether the person who knocks on the door and requests the opportunity to speak is a police officer or a private citizen, the occupant regardless has no obligation to open the door or to speak.” Thus, any individual in this situation is absolutely not required to answer the door or talk to the police even when they are knocking at your door if they are not in possession of a valid search warrant. One should NEVER CONSENT, under any circumstance, to a search of their home or place of residence. The 4th Amendment to the U.S. Constitution states that “a person has the right to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.” This effectively means that unless a police officer has a valid search warrant, they generally cannot enter a person’s home without consent. However, it is important to note that if someone opens the door and allows entry to the police, consent has been given even if not verbally expressed. The U.S. Supreme Court has ruled that a person’s place of residence (home, apartment, etc.) is entitled to maximum search protection. Even if they have probable cause to believe something illegal is occurring inside the residence, the 4th Amendment of the U.S. Constitution still requires police to get a signed and valid search warrant from a judge to legally enter and search. You have the best protection inside your home against illegal & unreasonable police intrusions. An individual has the right to be secure in their own home and the police do not have the right to invade that privacy without a valid search warrant. In fact, if the police do not have a valid search warrant, a person does not have any obligation to even open the door and can stay inside. If the police are at an individual’s door, they can nothing more than any other regular citizen is justified in doing. In fact, just remaining inside your home is not obstruction of justice – it is actually a constitutional right afforded to everyone. In the event a person does want to speak with the police to find out why they are there, a person can step outside and close their door. If you leave your door open, and the police see or hear something that may give them probable cause to investigate, they would then be legally entitled to enter the residence without a search warrant. You can also speak to them through the door without actually opening it. An individual can also then legally request for them to leave if they cannot produce and show you for inspection a valid search warrant. In this instance, in fact, if you are outside speaking with them, you can go back inside and close the door behind you and cease all communication. Regardless, always remember to clearly and without equivocation tell them “No, you cannot come in. I do not consent to a search, and I politely will not answer any questions, especially without my attorney present” In this scenario, it is important to understand that absent a valid search warrant in possession of the police when they are at your front door, be VERY clear about communicating that YOU DO NOT CONSENT TO ANY SEARCH WHATSOEVER AND/OR YOU WILL NOT GIVE YOUR PERMISSION FOR ANY ENTRY ONTO YOUR PROPERTY. One could also simply inform them (assuming they DO NOT have a valid search warrant) that consent will not be given, but if they leave a card at the door with their contact information, you will have an attorney contact them to inquire the reason for their presence. During this process, it should be noted that the police are trained to intimidate and pressure you into giving them what they are looking for, in most cases, it is an attempt to gain consent to enter the premises. Do not let any of their tactics intimidate or scare you into thinking they have more power than they actually do. Stand your ground. Protect your rights. Without a valid search warrant, without an exigent circumstance, and without your consent – they do not have any power to legally enter your place of residence.

“Knock And Announce Rule”

If the police arrive at a person’s home or place of residence, especially if they do have a valid search warrant, they must “knock and announce” who they are, whereby, they must state their authority to search (before basically physically forcing their way into the home). The “knock and announce” rule is a requirement mandating that police cannot just break down someone’s door in order to execute a search warrant before knocking to see if they will be able to allow entry.

Under the “knock and announce” rule, police officers have to first knock on the door, announce the legal authority with which they intend to search the premises, and then wait a reasonable amount of time before they can then forcibly enter. Under this concept, at least in theory even if officers have a warrant that justifies entering into a home or residence, they must first announce themselves and their purpose before intruding.

In the event that you determine, the police at the door likely do have a valid search warrant, you should ask to examine its contents to see what it lists. The search warrant should list your home and address, the reason for the search, and in all other respects conform to the legal standards of what it should contain. One should examine closely what it does list to ensure the police officers do not exceed the scope of the search, possibly to other areas of the home not specifically listed. If they do announce they have a search warrant, it is important to NOT impede their investigation, remain calm and polite, because it is possible that a person could be arrested and charged with obstruction of justice. If the police come to your house and ask you to speak to them, even with a search warrant, you are not required to talk with them. You do not have to interact with them, and in fact, a person has absolutely no legal obligation to do so.

If one finds the police at your door and they are just knocking, you really don’t have any duty to answer the door. In the event that you do answer the door and assuming they do not have a search warrant, you do not have to comply with answering questions or letting them inside. If this occurs and you do wish to find out why they are there, the safest approach to take is to simply step outside just enough to be able to close the door behind you. At this point, the police officer may or may not indicate why they are there or what they are inquiring about. If they have a search warrant, ask to see it. If they offer to simply “interview” you, or request you come with them to the station to answer a few questions, ALWAYS decline to say anything further and convey to them that you will not speak nor answer any questions until you have an attorney present. One can simply say: “I do not want to talk to you. I do not consent to a search. I want to speak to my attorney.”

Search Warrant

Definition

Police officers are required to give you a copy of the search warrant, and as such, you are legally permitted to inspect its contents. It must list specifically the items to be searched or the things to be seized. Article 18.04 of the Texas Code of Criminal Procedure lists the required “CONTENTS OF WARRANT” – which should list and with a description for the reason and cause for the search. A search warrant issued under this Article 18.04 of the Texas Code of Criminal Procedure must contain the following:

  • ‘That it runs in the name of “The State of Texas”;
  • That it identifies, as near as may be, that which is to be seized and name or describe, as near as may be, the person, place, or thing to be searched;
  • That it commands any peace officer of the proper county to search forthwith the person, place, or thing named; that it be dated and signed by the magistrate; and
  • That the magistrate’s name appears in clearly legible handwriting or in the typewritten form with the magistrate’s signature.’

It is important to do your best to NOT do anything the police would construe as obstruction of justice of tampering with evidence (such as flushing items down the toilet, trying to damage things so they cannot be identified, etc.). This in all likelihood would result in additional charges be filed.

It is important also to inspect the contents of the search warrant (as noted previously) because often police officers will try to search for things outside the scope of the warrant. They may only search for specific items listed, and in places specifically listed in the search warrant itself. In other words, they cannot just openly explore and search the entire home, all rooms, and closets, etc. if it is not within the scope of the warrant. Before opening the door, in fact, it is advisable to close all doors, closets, turn off all electronic devices, and move anything you wish to keep private from plain sight. If after the execution of the search warrant is conducted and an item is seized, but a police officer perhaps sees something suspicious in a room or a closet, this can broaden the scope search. The search warrant, in all likelihood, does not apply to the entire house. However, if anything in plain sight that obviously appears illegal or evidence of a crime may be seized.

After the search warrant is executed, before the police officer takes property from the place, he shall prepare a written inventory of the property to be taken. He shall legibly endorse his name on the inventory and present a copy of the inventory to the owner or another person in possession of the property. If neither the owner nor a person in possession of the property is present when the officer executes the warrant, the officer shall leave a copy of the warrant and the inventory at the place.

Generally speaking, if the police are at your door and they do communicate they have a search warrant for the premises, you may first ask them to slide it under the door or mail slot for inspection. Ever, this likely will not stop them from entering and conducting the search. Do not interfere with the police when they are executing the search warrant. Officers can seize any contraband or other evidence of a crime they find while executing a warrant if found in the proper execution of the search warrant, even if the object isn’t mentioned within the contents of the warrant. Officers can also take reasonable steps to protect themselves during a search, such as telling the occupants of the place to be searched to remain in a certain area and even handcuffing them.

How To Determine If They Have A Valid Search Warrant?

If an individual finds the police knocking at their door demanding entry, you are perfectly within your rights to ask if they have a valid search warrant that is signed by a judge. Conducting a search in a reasonable manner generally includes showing the occupant of the home a copy of the warrant upon request. Under Article 18.06(b) of the Texas Code of Criminal Procedure, a police officer when executing a search warrant “shall present a copy of the warrant to the owner of the place, if he is present. If the owner of the place is not present but a person who is present is in possession of the place, the officer shall present a copy of the warrant to the person.” So, it imperative to first ask if the police officers have a valid search warrant. If they do – they have to physically present it to the owner (or if not present, to one who is in possession of the place). Article 18.06(a) of the Texas Code of Criminal Procedure dictates that a search warrant of a residence must be executed within a reasonable period of time, which is usually within around 3 days of its issuance.

The “knock and announce” rule is a legal mechanism which mandates that police are not authorized to immediately force entry (by breaking down a door) into someone’s place of residence when exercising a search warrant. Under the “knock and announce” rule, police need to knock on the door first, properly announce their authority to search the premises and then wait a reasonable period of time before they may enter. Only after announcing their authority to enter by identifying themselves as police officers to execute a search warrant, and if an individual then denies or fails to allow entry into the residence, the police can then forcibly come in. Article 18.06(b) of the Texas Code of Criminal Procedure, a police officer when executing a search warrant “shall present a copy of the warrant to the owner of the place, if he is present. If the owner of the place is not present but a person who is present is in possession of the place, the officer shall present a copy of the warrant to the person.” So, it imperative to first ask if the police officers have a valid search warrant. If they do – they have to physically present it to the owner (or if not present, to one who is in possession of the place).

The Police Do Have A Valid Search Warrant – What Next?

First, request to review the search warrant, and examine the limits it stipulates for what the police can do. Police officers are required to give you a copy of the search warrant, and as such, you are legally permitted to inspect its contents. It is important to try and make sure they are limited in scope with what the warrant states because it should be specific and accurate. It must list specifically the items to be searched or the things to be seized. Article 18.04 of the Texas Code of Criminal Procedure lists what needs to be present for a valid search warrant, and states it must contain the following:

  1. That it runs in the name of “The State of Texas”;
  2. That it identifies, as near as may be, that which is to be seized and name or describe, as near as may be, the person, place, or thing to be searched;
  3. That it commands any peace officer of the proper county to search forthwith the person, place, or thing named;
  4. That it be dated and signed by the magistrate; and
  5. That the magistrate’s name appears in clearly legible handwriting or in the typewritten form with the magistrate’s signature. Although the warrant limits what the police can look for if they see something illegal while executing a warrant they can take it.

You do not have to assist law enforcement when they are conducting their search. You do not have to answer questions while law enforcement is searching. It is important to do your best to NOT do anything the police would construe as obstruction of justice of tampering with evidence (such as flushing items down the toilet, trying to damage things so they cannot be identified, etc.). This in all likelihood would result in additional criminal charges being filed. It is important also to inspect the contents of the search warrant (as noted previously) because often police officers will try to search for things outside the scope of the warrant. They may only search for specific items listed, and in places specifically listed in the search warrant itself. In other words, they cannot just openly explore and search the entire home, all rooms, and closets, etc. if it is not within the scope of the warrant. Before opening the door, in fact, it is advisable to close all doors, closets, turn off all electronic devices, and move anything you wish to keep private from plain sight. If after the execution of the search warrant is conducted and an item is seized, but a police officer perhaps sees something suspicious in a room or a closet, this can broaden the scope search. The search warrant, in all likelihood, does not apply to the entire house. However, if anything in plain sight that obviously appears illegal or evidence of a crime may be seized.

After the search warrant is executed, before the police officer takes property from the place, they are required to prepare a written inventory of the property to be taken, and also legibly endorse their name on the inventory and present a copy of it to the owner or another person in possession of the property. If neither the owner nor a person in possession of the property is present when the officer executes the warrant, the officer shall leave a copy of the warrant and the inventory at the place.

Generally speaking, if the police are at your door and they do communicate they have a search warrant for the premises, you may first ask them to slide it under the door or mail slot for inspection. They may or may not comply with this request, however, and it will not stop them from entering and conducting the search. Do not interfere with the police when they are executing the search warrant. Officers can seize any contraband or other evidence of a crime they find while executing a warrant if found in the proper execution of the search warrant, even if the object isn’t mentioned within its contents. Police officers can also take reasonable steps to protect themselves during a search, such as telling the occupants of the place to be searched to remain in a certain area, and possibly even handcuffing them during the search if they fear for their own safety.

Exceptions To Search Warrant Requirement

If you do not offer consent for a police officer to enter your place of residence, the only other way they can come to enter without a search warrant is through one of the following ways:

  1. If they have probable cause to believe a crime is being committed (or believe someone is injured and/or needs help; or
  2. If an exigent circumstance exists to justify entry. An exigent circumstance can exist where it could be justified to enter a home without a search warrant where:
  3. If the police can articulate that emergency aid is needed, and/or they believe that someone inside is need of assistance (medical, etc.);
  4. if they believe someone is in physical danger and is need of help (a common example of this may occur in domestic violence cases wherein the police are responding to a 911 call of domestic violence and they need to enter the home to possibly prevent someone from being injured); or
  • When they are in “hot pursuit” chasing a suspect who has fled the scene of a crime and they have reason to believe they have entered into a home to hide or avoid detection from the police; and/or
  1. If they believe during an investigation that entering the home would prevent the destruction of evidence, and as such, waiting on procuring a search warrant would is thereby viewed as being impracticable because of the time period required. By the time the search warrant is created and signed by a magistrate, the evidence in question could very well be destroyed. It is important to note how any such exigent circumstance must be based on specific, articulable facts before a police officer can justify the intrusion into a person’s residence because a warrantless search is presumptively deemed to be unreasonable.

No Search Warrant

If the police knock on someone’s door for whatever reason, outside of certain circumstances, an individual absolutely has the right to refuse entry. An important aspect to note is how the police are legally allowed to come to an individual’s residence (house or an apartment) and knock on the door, just as anyone else would be free to do. The United States Supreme Court has mandated that in these circumstances the police are in no way prohibited from doing so, but also have dictated that that when “law enforcement officers who are not armed with a warrant knock on a door without a valid search warrant, they can do no more than any private citizen might do.” (Cite Kentucky v. King). As well, it the U.S. Supreme Court has ruled that “whether the person who knocks on the door and requests the opportunity to speak is a police officer or a private citizen, the occupant regardless has no obligation to open the door or to speak.” Thus, any individual in this situation is absolutely not required to answer the door or talk to the police even when they are knocking at your door if they are not in possession of a valid search warrant.

One should NEVER CONSENT, under any circumstance, to a search of their home or place of residence. The United States Supreme Court has long held and ruled that a person’s place of residence (home, apartment, etc.) is entitled to the absolute maximum search protection. The 4th Amendment to the U.S. Constitution states that “a person has the right to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.” This effectively means that unless a police officer has a valid search warrant, they generally cannot enter a person’s home without consent. However, it is important to note that if someone opens the door and allows entry to the police, consent has been given even if not verbally expressed. One has the best protection inside their home against illegal & unreasonable police intrusions and has the absolute right to be secure in their own home and the police do not have the right to invade that privacy without a valid search warrant.

In fact, if the police do not have a valid search warrant, a person does not have any obligation to even open the door and can stay inside. If the police are at an individual’s door, they can nothing more than any other regular citizen is justified in doing. In fact, just remaining inside your home is not obstruction of justice – it is actually a constitutional right afforded to everyone. In the event a person does want to speak with the police to find out why they are there, a person can step outside and close their door. If you leave your door open, and the police see or hear something that may give them probable cause to investigate, they would then be legally entitled to enter the residence without a search warrant. You can also speak to them through the door without actually opening it. An individual can also then legally request for them to leave if they cannot produce and show you for inspection a valid search warrant. In this instance, in fact, if you are outside speaking with them, you can go back inside and close the door behind you and cease all communication. Regardless, always remember to clearly convey to the police officers at the door “No, you cannot come in. I do not consent to a search, and I politely will not answer any questions, especially without my attorney present.” Be VERY clear about communicating how YOU DO NOT CONSENT TO ANY SEARCH WHATSOEVER AND/OR YOU WILL NOT GIVE YOUR PERMISSION FOR ANY ENTRY ONTO YOUR PROPERTY.

If you perhaps have information about a crime, either speak to them through the closed door (not window), or over the phone, speaker, or intercom. NEVER ALLOW THEM INSIDE. While they may be persistent, insist, plead – do not budge on this. You have control over your domicile, not the police, so keep them outside. One could also simply inform them (assuming they DO NOT have a valid search warrant) that consent will not be given, but if they leave a card at the door with their contact information, you will have an attorney contact them to inquire the reason for their presence. If they communicate that it is sounding suspicious, explain that you are cleaning the house for guests, or that other people inside are sick with the flu.

During this process, often trained and experienced police officers will attempt to look for ways to intimidate and pressure a person to gain consent to enter the premises. Do not let any of their tactics intimidate or scare you into thinking they have more power than they actually do. Stand your ground and protect your rights. Without a valid search warrant, without an exigent circumstance, and without your consent – they do not have any power to legally enter your place of residence.

  • What to do during a search?
  • If your home is searched
  • Searches (With or Without a Warrant)
  • I am searched (but not arrested) – what to do
  • Why refuse if nothing to hide?
  • 3rd party consent

If you want to lean about the Criminal Defense click here.

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