1. Free Legal Help, Legal Forms and Lawyers. TheLaw.com has been providing free legal assistance online since 1995. Our most popular destinations for legal help are below. It only takes a minute to join our legal community!

    Dismiss Notice

just a question regarding the police Public Order, Loitering, Urination

Discussion in 'Criminal Charges' started by teresal, Jan 25, 2012.

Thread Status:
Not open for further replies.
  1. teresal

    teresal Law Topic Starter New Member

    Messages:
    18
    Likes Received:
    0
    Trophy Points:
    0
    If the police knock on your door do you have to answer your door?

    If no does it matter if you live in an apartment complex?
     
  2. army judge

    army judge Super Moderator

    Messages:
    35,140
    Likes Received:
    6,122
    Trophy Points:
    113






    You are not required to answer your door for anyone.

    Now, if the police have no search warrant, they'll eventually leave.

    If they have a search warrant, they are usually required to announce their presence and intent.

    If they possess a search warrant, they'll deploy a battering ram to effect entry into the premises in question.

    However, absent a search warrant, they'll try to bully, scare, intimidate, and threaten you to allow them entry.

    You are NOT required to respond.

    And, like most pests, they'll eventually leave.

    They do, sometimes, station someone to watch the premises; hoping to catch someone coming or going.

    In the meantime, they sometimes seek a search warrant, and will often return with that battering ram, and in true "BIG BAD WOLF" fashion; they'll huff, and puff, and blow your door down!!!

    Thereby, effecting entry, now LEGALLY, into the premise in question!

    Bottom line, if you have a warrant, take care of it.

    You can't outlast law enforcement.

    And, when you are eventually caught, it'll be at the most inopportune and inconvenient time for you!!!!!


     
    teresal likes this.
  3. CdwJava

    CdwJava Moderator

    Messages:
    4,388
    Likes Received:
    329
    Trophy Points:
    83

    Of course, if there exists some exigency allowing them to force entry, they might just do so.

    At least in an apartment complex they might have the ability to get a key from the manager rather than smash in the door. Amazing how we will knock and knock, ring doorbells, and knock again. And when we enter with the key the occupant(s) inside are amazingly "asleep" or "were in the shower" and did not hear us.

    There is never a legal requirement to answer the door. But, sometimes they do not need your consent and can enter anyway - even without a warrant.
     
    teresal likes this.
  4. mightymoose

    mightymoose Moderator

    Messages:
    11,478
    Likes Received:
    2,026
    Trophy Points:
    113

    Agreed- no obligation whatsoever to answer the door regardless of who is out there knocking, how loudly they knock, and what they might be shouting to get your attention.
     
  5. jacksgal

    jacksgal Super Moderator

    Messages:
    3,517
    Likes Received:
    281
    Trophy Points:
    0

    Why are you avoiding Police contact?
     
  6. teresal

    teresal Law Topic Starter New Member

    Messages:
    18
    Likes Received:
    0
    Trophy Points:
    0
    CdwJava Thank you for your advise and help The question I asked was just be cause I was curious and figured that it someone didn't want to answer there door they have the right. and yes I know there is all kind of situations that they have the right to come in even though you did not answer. if someone has a active warrant & is hiding out or if there are other activities that they may see and hear. so if someone does not have any warrants and there doing nothing illegal or wrong they can choose to just ignore them knocking.
    I was just curious to know the legal answer instead of maybe using our (best guess along with some common sense) someone can get close to the answer, but it's nice just to know for sure. Plus I have noticed that everyday there are less and less people that (DO NOT USE there common sense any more)

    Thank you again everyone for all the help and input along with your time you took to respond to my questions.
    I is akkways greatly appreciated.

    sincerely Teresa & Joe Leckenby
     
  7. teresal

    teresal Law Topic Starter New Member

    Messages:
    18
    Likes Received:
    0
    Trophy Points:
    0
    CdwJava Thank you for your advise and help The question I asked was just be cause I was curious and figured that it someone didn't want to answer there door they have the right. and yes I know there is all kind of situations that they have the right to come in even though you did not answer. if someone has a active warrant & is hiding out or if there are other activities that they may see and hear. so if someone does not have any warrants and there doing nothing illegal or wrong they can choose to just ignore them knocking.
    I was just curious to know the legal answer instead of maybe using our (best guess along with some common sense) someone can get close to the answer, but it's nice just to know for sure. Plus I have noticed that everyday there are less and less people that (DO NOT USE there common sense any more)

    Thank you again everyone for all the help and input along with your time you took to respond to my questions.
    I is akkways greatly appreciated.

    sincerely Teresa & Joe Leckenby
     
  8. teresal

    teresal Law Topic Starter New Member

    Messages:
    18
    Likes Received:
    0
    Trophy Points:
    0
    Thank you

    the reply earlier was meant to have everyone name that has assisted us. Thank you:angel:angel
     
  9. shrinkmaster

    shrinkmaster Well-Known Member

    Messages:
    3,735
    Likes Received:
    289
    Trophy Points:
    83
    You never addressed this why?
     
  10. disagreeable

    disagreeable Well-Known Member

    Messages:
    2,739
    Likes Received:
    226
    Trophy Points:
    63
    Because OP was hiding out her bf, who was on probation. The police obtained entry via management. Arrested OP's bf and OP for drug possession, among other things. I bet you think I am clairvoyant.
     
  11. CdwJava

    CdwJava Moderator

    Messages:
    4,388
    Likes Received:
    329
    Trophy Points:
    83

    And it was very likely that the police and probation officials had some reason to believe he was also residing there. If not, then she may very well be able to get the evidence suppressed. He's probably at least facing a probation violation no matter the end result of the drugs.

    She really should pick her boyfriend's a little better ... and, perhaps, consider getting some drug counseling.
     
    shrinkmaster likes this.

Share This Page

Thread Status:
Not open for further replies.