What to do when police come a knockin‘
By Ann Toney
The United States Constitution’s Fourth Amendment protects citizens from unreasonable search and seizures, but how about when officers ask you to give consent to search your home? If the citizen consents to a search that search becomes legal, and then anything illegal the officer finds during that search can be used as evidence against the citizen.
Here are some common scenarios:
1. Officers knock on your door and identify themselves. You feel compelled to answer the door because law enforcement is there. Once you open the door various things could happen. A foot gets place strategically so you now cannot shut the door. Officers get to look behind you inside the home and notice items or smells which they can now use against you. The officers start asking you questions and you feel compelled to answer them because you are trying to be cooperative, thinking this is the best approach.
2. Officers ask if they can come in and search for something, or to look around. They tell you that they could get a search warrant and if you “make them go get a search warrant” when they do come back, they will tear your home up during the search. This may happen anyway. Making it easier for law enforcement to gather evidence against you is just that, making it easier for them to gather evidence that will be used against you or a loved one.
3. You cannot be afraid to simply tell them “No” and let them go get a search warrant. Sometimes they do not have enough probable cause to get a search warrant, so they try to get consent from you instead. You don’t know if that is the case. They are counting on you to be intimidated by them or wanting to cooperate and be a good citizen.
4. Officers may also try the old you-don’t-have-anything-to-hide-or-you-would-let-law-enforcement-in tactic. No, you are supposed to be safe and secure in your home and it is the government that needs to show good cause why police should be allowed in your home.
There is a recent Supreme Court case (Kentucky v. King, 2011 WL 1832821) in which the court stated that you do not have an obligation to open the door or to speak to the officers when they knock on your door. If you do not want to open your door when the police knock, then simply acknowledge them, speak to them through the door saying, “I have nothing to say to you, please go away.”
Ann Toney, P.C. is a Denver-based law firm that focuses on medical marijuana business law and marijuana defense; and defending people charged with driving under the influence of alcohol and drugs (DUI/DUID). Ann Toney can be contacted via phone or web at (303) 399-5556 and www.anntoneylaw.com.
