WHAT TO DO IF POLCE KNOCK ON YOUR DOOR

When police are at your door, do you have to answer it? The short answer is no, but with limited exceptions. The US Supreme Court held in the case of Florida v. Jardines (2013) that police officers may come onto our property and knock on your door and that they are granted that “license” in the same way as Girl Scouts selling cookies or a door to door sales person may knock on your door. What they can’t do is search anything within the curtilage or your home, whether you’re the owner or a tenant.

If you answer the door, ensure the outer door is locked or there is a security chain on your front door inside. This prevents officers from putting their foot in or onto the door threshold preventing you from closing the door. Police are allowed to perform a “knock and talk”, but only under the license granted to other people like a delivery driver or a sales person. They are there on a consensual basis until you tell them to leave.

Police will often ask you to step outside so they can talk to you or figure things out. Do not step outside, you often lose your right to privacy by making a mistake later in your interaction with police.

The only time they can stay on your curtilage or come inside is if you give permissions or they have a warrant or there are exigent circumstances. Police may tell you you don’t have a choice, if that is true, tell them to show you a warrant and check to see that it was actually signed by a Judge. Also ask if you are being detained. If they say you are not being detained, you can tell them to leave and close your door.

If you are not exactly sure of what to do, contact an attorney right away before you give up your rights unintentionally.

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