Knock & talk only gets you into trouble

[Dr. JK]

If the cops come to your house with a knock & talk because of loud noise/disturbance and they happen somehow to come in. If they see anything in plain view incriminating, does that constitute an arrest and further search?

Also, what if you don't answer the door, can they get the super to open it up?

So what is the best thing if cops coem to your door:

1-Don't answer
2-Open door slightly and put foot behind so they can't push it and say politely :No you cannot come in"

Thanks guys

 

[manny78]

If the cops come to your house with a knock & talk because of loud noise/disturbance and they happen somehow to come in. If they see anything in plain view incriminating, does that constitute an arrest and further search?

Also, what if you don't answer the door, can they get the super to open it up?

So what is the best thing if cops coem to your door:

1-Don't answer
2-Open door slightly and put foot behind so they can't push it and say politely :No you cannot come in"

Thanks guys

You never know why they come to you. Could be for a lot of reasons. They might have a warrant for God knows what. Option no 2 is better. Dont let them see your house. If they dont have a warrant, they have no business inside. But once inside, the only limit is their imagination and curiosity.

I've seen guys being busted after a noise call. The poor dude was just trying to show the cops how is sound system couldn't play that loud and the cops happened to find a good 10g of coke...

 

[ROID WARRIOR]

Knock & talk only gets you into trouble

"If the cops come to your house with a knock & talk because of loud noise/disturbance and they happen somehow to come in. If they see anything in plain view incriminating, does that constitute an arrest and further search?"

Yes, the plain view doctrine will allow them to arrest and then search the person and the so-called grabbable area. A warrant willmost likely be needed to toss the entire premises.

Also, what if you don't answer the door, can they get the super to open it up?

Not without a warrant or exigent circumstances (ie., someone inside is crying-out for help).

"So what is the best thing if cops coem to your door:

1-Don't answer
2-Open door slightly and put foot behind so they can't push it and say politely :No you cannot come in""

Or, if you're so inclined to chat with them, step outside. Never invite them into your premises.

RW

 

[[email protected]]

No to all.

Talk through the door. Ask them what they want. If they ask you to open the door respond by telling them to get a warrant. End of conversation…

 

[liftshard]

RT - yes, answer them with "I am not going to open the door." There is Supreme Court jurisprudence which upheld evidence admissibililty on "plain sight doctrine," when a homeowner had said, "hold on, I'll be there in a minute" or "be right there" or something like that and the police let themselves in and found a pot plant or something.

Make it CLEAR to them that they are NOT permitted in your home or this ABSURD "war on drugs" turned "war on terrorism" BULLSHIT jurisprudence may allow them to enter without explicit permission. If they attempt to enter, be explicitly clear that you have not authorized them to enter your abode. If they attempt to search anything, make it explicitly clear that you have not authorized them to conduct any sort of search.

 

[[email protected]]

I guess if you are really paranoid you can post something in the side window or have a paper you can slip to them from under the door stating that and quoting the laws / rulings.

That would be something they would never expect but then again they may twist it into something else.

 

[Ironlifter]

This happened to me and I was expecting someone else when I opened the door to find two cops doing exactly this, the knock and talk. They asked me if I had alot of traffic in and out of here, or if anyone didnt like me and would want to get me in trouble, which I said no.

I did not let them inside, but agreed to step outside to talkand shut the door behind me.

Then they said that someone had called in and said I was selling "pills" nothing specific, just pills. He said they have to investigate every complaint and then proceeded to ask me every which way if there was anything thing illegal in my apt. He didnt care about personal use, but asked if possibly my friends could have left anything against my knowledge, anything.

To which I said there is absolutely no way in hell there is anything close to being illegal in my apartment.

"Well do you mind if we just come inside and look around so we can write it off and you wont have anything to worry about?"

I said that I was in no way consenting to a seach of my apartment if that was what he was asking.

Then they told me that the vice may have more info on me than they gave them and I told them that was fine becasue I wasnt doing anything but thanked them for checking up on all the tips and that I respect and appreciate the work they do.

I guess not answering the door at all would have been better but then I would have wondered what the hell they wanted and probably wouldnt sleep for days. lol.