Just wondering, I’m a law abiding citizen and don’t have any criminal records or anything. But like 2 nights ago, I heard like a person knocking on my neighbors apartment door very loudly and saying like “Minneapolis Police! Open the Door! Open UP!”?? I’m just wondering, like can they just do that with absolutely no search warrant or arrest warrants or anything? He never said if he had a warrant or not, just kept yelling at the person to Please Open the door?
The police can knock on anybody's door for a number of reasons. It is not illegal to do so. Can they use force to enter ? Only if there is just cause. It could anything from a fire emergency or medical emergency. To a crime in progress. Or for a court issued search for a active crime. The police do not just walk up to just any door and start knocking on it. There has to be a just reason for it. As an example if they suspect that a person is building a bomb in that unit and is getting ready to use it. There is a potential for lost of human life. That would be grounds for forcible entry. But to just knock on a persons door. Stating who they are and asking them to open the door does not require a search warrant.
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this of course depends entirely upon where in the world you happen to live, along with a number of other factors. can and lawful to do so are of course separate issues as well. its not whether anything can or cannot happen, its rather how statistically likely is it to do so. all the time we hear about extreme things happening, much more seldom are they put in a context of how often or how likely they are. also goodness and the desire to be feared being absolute binary opposites, does not depend upon wearing a uniform or not, wanna be fascists who attempt to overthrow a government, are no less culpable, then a uniforms judgement, to use force. it is never good judgement to antagonize whatever a person might disagree with. granted this can sometimes happen unintended. only a person knows in their own mind whether they intended to or not.
Your question contains a contradiction. "Open the door" is an order. "Please open the door" is a request, not an order. Note the word "please." You say it was both, but which was it - an order or a request? They can't open your door without a warrant, and you have no obligation to consent to warrantless entry. The exception is when they believe that a crime is in progress behind your door, or a fugitive has taken refuge there, particularly if there is risk to the life of a person or people. If you dial 911, and say that three intruders are in your home, they're all armed with knives, and that they've killed your dog, you really want the police to respond: "We'll have to get a warrant; how's a week from Thursday for us to send someone"? If they're ordering you to open the door, and there's more than one of them, the prudent thing to do is to open the door and then ask to see the warrant. Why open it? Because you'll have to pay for the damage they'll do, and repairing or replacing a front door is very expensive. Even if they're at the wrong house and you can eventually get reimbursed for your door and doorframe, it will be a huge hassle to fix it, and it may take 6 months or a year for them to process your claim and pay you. If they're requesting that you open the door, using a wording like "please" or "we'd like you to", then you're free to refuse consent to warrantless entry, and they aren't going to enter by force. They may, however, position themselves in the street just outside, but that's public property and there's nothing you can do or should say about that. I once told a police officer who came to the door and wanted to speak with me that he was trespassing on my porch, and he should leave my property. He left.
Several years ago we were rudely awakened at 3am by the police pounding on our door they were searching for a lost child they asked to come in I declined to let them, they asked me to step outside I again declined they were displeased but had no recourse
I don't think so, unless there would be some kind of an emergency making a warrant impractical--e.g., smoke coming out of your door. a lost child, terrorist activity posing an imminent threat. The phrase is "exigent circumstances" Maybe, if they had a tip the kid went into your house. Did you open it? What did they want? Soliciting contributions to the FOP?
In Spain or Mexico they never do that... unless perhaps if your name is Gallardo or Guzman. (El Chapo and friends.) They will bang on the door and not go away at times, but that's about it unless the house is on fire or there are gunshots and/or screams of terror from within. Your home is your castle there...
Warrantless Search & Seizure The 4th and 14th Amendment notwithstanding, police can blatantly lie on an affidavit and get a rubber-stamped warrant without even cursory judicial scrutiny. That's exactly what happened to Briona Taylor.
I live in the UK my Bungalow is my castle and no one gets in without my say so or warrant from the court. (Unless they have suspicion of a from)