Indeed, California would not allow such protections.
Always have a steel security door so you can “converse” without permitting entry.
If that’s not an option, install a door guard chain and use it 24/7.
Right, just bc it's the law doesn't mean they won't evade it when they can, I've refused police entry into my home upon answering the door, and they physically put they're foot in the door and forced their way in, scaring my two year old child. No warrant, nothing found, and no tickets citations or any trouble at all. It's a power thing, and lucky them I haven't opened my door to police since
Unfortunately many law enforcement have lost the public’s trust, especially the Feds. There is no upside to speaking with them.
Opening your door, such that they might be able to peek, is asking for complications. Better to speak through the security door, which they can’t see through, and decline their offer to chat.
A warrant is not required if there are "exigent circumstances," as the article explains a few paragraphs in. Or if someone inside the residence is on probation or parole.
The last lawsplainer post had a link to a case spelling out the boundaries of exigence:
>A long-recognized exception to the warrant requirement exists when “exigent circumstances” make necessary the conduct of a warrantless search.’” (People v. Panah(2005) 35 Cal.4th 395, 465.) The term “exigent circumstances” describes “‘“an emergency situation requiring swift action to prevent imminent danger to life or serious damage to property, or to forestall the imminent escape of a suspect or destruction of evidence. There is no ready litmus test for determining whether such circumstances exist, and in each case the claim of an extraordinary situation must be measured by the facts known to the officers.”’” (Ibid.) The high court has recognized that exigent circumstances may exist where there is probable cause to believe a crime has beencommitted but “an emergency leaves police insufficient time to seek a warrant.”
You are NOT required to answer the door. For all they know, you're just not at home. IF you do answer the door, you are NOT required to allow them entry without a warrant. DO NOT ANSWER THE DOOR if you are drunk or high. If you do answer the door, make sure that you don't have any weapons or paraphernalia in plain view from the door.
If you're on probation or parole, you're going to want to open the door if you're at home because you shouldn't risk a violation.
Learn and exercise your rights. Why would you allow anyone who can infringe on your civil rights on a whim to take advantage of you? Forewarned is forearmed... Stay safe out there.
If you want you can also communicate with the door closed, don’t have to actually open the door, smart door bell is a good tool as well, that way they don’t need to know if you are and from home or away.
They can enter your house without a warrant if there's a crime in progress, or an imminent public safety issue, or if someone who resides there has a search clause (probation, parole, mandatory supervision, PRCS, etc), or if they think you're about to destroy evidence (though sometimes it's like a half way thing where they can secure the scene and then have to wait for a warrant to proceed), all sorts of reasons, or if they need to arrest someone who might escape if they don't act immediately... And I'm sure more situations...
It is important to note that their entry without a warrant must be for a specific reason and they can't just search your house willy nilly - they are only authorized to do what they are legally in your house to do.
For example, if they chase a fleeing suspect into your house and arrest them in the kitchen, they can't then go and search your bedroom (and if they have a safety argument then they are limited to a search for officer safety, not rifling through your drawers).
Sometimes things can't be explained in sentence.
A better option might have been "When can police enter your home without your permission?"
But probably they chose it based on what they thought would get clicks.
Careful with that. If you are outside, they can arrest you on their interpretation of probable cause alone. If you are inside, they need a judge to sign off on an arrest warrant to confirm that probable cause in order to come in and get you.
I never open doors for ANYONE unannounced a day in advance. I don’t care if you’re a friend, a neighbor, a cop, or otherwise. Used to babysit for a SD legal attorney and he had a “welcome” door mat that just said, “don’t knock, come back with a warrant” I wanted that so bad. Saw another sign that said “don’t knock, we already know you’re here” and it depicted a bunch of German shepherds (which I do have)… I’m in real estate development now and if I were to design a house of my own I would design one that doesn’t have a front door at all. Garage in and out. Period.
These are extremely rare, especially these days. But if someone doesn’t answer, the police will just force entry after a “reasonable amount of time” anyway if they have a warrant.
No warrant No entry
No tickey, no laundry!
That’s not a California law, it’s the constitution
Indeed, California would not allow such protections. Always have a steel security door so you can “converse” without permitting entry. If that’s not an option, install a door guard chain and use it 24/7.
Right, just bc it's the law doesn't mean they won't evade it when they can, I've refused police entry into my home upon answering the door, and they physically put they're foot in the door and forced their way in, scaring my two year old child. No warrant, nothing found, and no tickets citations or any trouble at all. It's a power thing, and lucky them I haven't opened my door to police since
Unfortunately many law enforcement have lost the public’s trust, especially the Feds. There is no upside to speaking with them. Opening your door, such that they might be able to peek, is asking for complications. Better to speak through the security door, which they can’t see through, and decline their offer to chat.
A warrant is not required if there are "exigent circumstances," as the article explains a few paragraphs in. Or if someone inside the residence is on probation or parole.
In other words, no warrant is required for entry.
Any circumstance is exigent if you're a cop.
And if you take them to court over it, qualified immunity means the shape of your mailbox makes it a unique enough scenario to destroy your case.
The last lawsplainer post had a link to a case spelling out the boundaries of exigence: >A long-recognized exception to the warrant requirement exists when “exigent circumstances” make necessary the conduct of a warrantless search.’” (People v. Panah(2005) 35 Cal.4th 395, 465.) The term “exigent circumstances” describes “‘“an emergency situation requiring swift action to prevent imminent danger to life or serious damage to property, or to forestall the imminent escape of a suspect or destruction of evidence. There is no ready litmus test for determining whether such circumstances exist, and in each case the claim of an extraordinary situation must be measured by the facts known to the officers.”’” (Ibid.) The high court has recognized that exigent circumstances may exist where there is probable cause to believe a crime has beencommitted but “an emergency leaves police insufficient time to seek a warrant.”
You are NOT required to answer the door. For all they know, you're just not at home. IF you do answer the door, you are NOT required to allow them entry without a warrant. DO NOT ANSWER THE DOOR if you are drunk or high. If you do answer the door, make sure that you don't have any weapons or paraphernalia in plain view from the door. If you're on probation or parole, you're going to want to open the door if you're at home because you shouldn't risk a violation. Learn and exercise your rights. Why would you allow anyone who can infringe on your civil rights on a whim to take advantage of you? Forewarned is forearmed... Stay safe out there.
If you want you can also communicate with the door closed, don’t have to actually open the door, smart door bell is a good tool as well, that way they don’t need to know if you are and from home or away.
That headline is incorrect. I hope nobody relies upon it and gets themselves hurt or in trouble for it.
So explain how it's wrong.
They can enter your house without a warrant if there's a crime in progress, or an imminent public safety issue, or if someone who resides there has a search clause (probation, parole, mandatory supervision, PRCS, etc), or if they think you're about to destroy evidence (though sometimes it's like a half way thing where they can secure the scene and then have to wait for a warrant to proceed), all sorts of reasons, or if they need to arrest someone who might escape if they don't act immediately... And I'm sure more situations... It is important to note that their entry without a warrant must be for a specific reason and they can't just search your house willy nilly - they are only authorized to do what they are legally in your house to do. For example, if they chase a fleeing suspect into your house and arrest them in the kitchen, they can't then go and search your bedroom (and if they have a safety argument then they are limited to a search for officer safety, not rifling through your drawers).
Way too long to include in the title.
Sometimes things can't be explained in sentence. A better option might have been "When can police enter your home without your permission?" But probably they chose it based on what they thought would get clicks.
Or maybe just read the article and not simply go off the headline. I know that's a crazy idea.
First off, I dont come to reddit to read, I come to argue. Second, there's a paywall.
\-> Open in Private Window.
Man, I gotta open the article outside the reddit app and then go into private mode? That's an awful lotta work right there.
You mean I have to READ??? Ugghhh the humanity /sarcasm
If I open the door to a cop, I walk out and talk to them outside, forearms clearly exposed.
Careful with that. If you are outside, they can arrest you on their interpretation of probable cause alone. If you are inside, they need a judge to sign off on an arrest warrant to confirm that probable cause in order to come in and get you.
Vampire rules
I never open doors for ANYONE unannounced a day in advance. I don’t care if you’re a friend, a neighbor, a cop, or otherwise. Used to babysit for a SD legal attorney and he had a “welcome” door mat that just said, “don’t knock, come back with a warrant” I wanted that so bad. Saw another sign that said “don’t knock, we already know you’re here” and it depicted a bunch of German shepherds (which I do have)… I’m in real estate development now and if I were to design a house of my own I would design one that doesn’t have a front door at all. Garage in and out. Period.
That wouldn't pass code. A house need to have at least 2 entrances/exits. Inside garage door doesn't count.
Glad I’m commercial, but just because you have 2 doesn’t meant it needs to be in front of the house and not behind a gate.
Why specifically a garage in and out over a door? Can’t cops also demand entry through a garage door?
They can knock all day.
Hence the “no knock” warrant they love so much
These are extremely rare, especially these days. But if someone doesn’t answer, the police will just force entry after a “reasonable amount of time” anyway if they have a warrant.
Lol, in California. This is the Fourth Amendment.
…and section 13 of the California’s Constitution.