We are fortunate enough to live in a society governed by a complex web of laws and civil rights. Without law and order, society could quickly devolve into a black landscape of apocalyptic chaos. That’s why the push and pull of law and civil rights remains so important in maintaining society’s delicate balance. And one scenario that really puts this interplay to the test is when you find an officer of the law knocking on the door to your private residence. It is a clash of both worlds, and if you find yourself on the inside of that house, you should know the rights that protect you - because the officer definitely knows his end of the game. So to better prepare you if that knock ever comes, Mike Howard, a Dallas, TX based criminal defense lawyer, explains how to properly deal with this kind of home visit.
“The basic rule,” Howard says, “is that the police are not able to search or seize your home or personal property without a warrant.” Though that might seem simple enough at first, like all things in life, it tends to get more complicated.
“There are exceptions to this rule,” Howard says. “The most common exception is if they have probable cause to believe that a crime is being committed on the property.” Probable cause originates in the Fourth Amendment of the Constitution, where it states that an individual has the right to be protected “against unreasonable searches and seizures.” But when it comes to probable cause, the police have quite a bit of discretion in determining what that means. In some cases it’s very clear cut, such as if there has been a stakeout of the property or if there’s a loud party with intoxicated teenagers passed out on the lawn. Other times it’s not quite as obvious, and as such, it gets more complicated. For instance, if the officer smells marijuana or sees paraphernalia lying out, that usually suffices as substantial probable cause.
Additionally, there is another excuse an officer can use to enter your home, and that is if he suspects that a crime is being covered up. “Another way they can get around obtaining a warrant is if they suspect exigent circumstances - such as if they suspect you are destroying evidence - they can enter on those ground,” explains Howard. “So for instance, if they knock on your door suspecting drug dealing, and then they hear a toilet flushing repeatedly, that can count as exigent circumstances.”
What Howard then recommends is to limit their exposure to the inside as much as possible. “I tell clients if an officer knocks on the door, to step outside and close the door behind them. This limits the officer’s exposure to the indoors and reduces the risk of them being able to enter based on probable cause.” It’s also important to note that if an officer asks for entry and you grant it, this obviously does away with the need to obtain a warrant. “If an officer ever asks to come inside,” Howard says, “politely refuse and tell them they need a warrant to do so.”
But the number one rule? “Don’t go running out the back door!” Howard says the best thing you can do is stay calm, be polite, and remember your rights.
This article is for informational purposes only. You should not rely on this article as a legal opinion on any specific facts or circumstances, and you should not act upon this information without seeking professional counsel. Publication of this article and your receipt of this article does not create an attorney-client relationship.