Can I tell police to go away?

[hattmall]

What is the name of your state? Georgia

If I am in my apartment and the police come and knock on the door can I not answer it? Also what if I say, who is it and they say Police. Can I just say. Sorry I'm not interested?

Also does this change if someone called them?
Noise Violation, or other?

Also what do they cops have to observe to come in to the house without a warrant and what are the legal means for observing this?

One last question. If I let police in to Search for a person can they look in crazy places like drawers and behind the couch??

 

[calatty]

You do not have to let the police into your house unless they have a warrant, even if they insist. Theoretically, the scope of a permissible search is defined by the scope of your consent, but practically speaking, once you consent to a search, your whole place is free game. If you have anything illegal in plain sight when you open the door, you can be arrested for it.

 

[Born to Lease]

So, let me try to understand what it is you are saying.

1st-You and someone else--who might be 'wanted by the Police' were causing a disturbance.
2nd-A neighbor who was fed up with the noise coming from your apartment called the Police so he/she could finally get some sleep.
3rd-They show up at your apartment door, knock, and you ask "who is it" and they say "Police"
4th-You tell them you are not interested.
5th-Something else happened, which caused you to open the door--they instructed you to open the door, rather than having them kick it in.
6th-They seek your permission to search your apartment in order to determine whether or not someone else is "hiding" inside.
7th-You have, at this point, already lied & told them no one else is inside your apartment at the time but you go ahead and authorize them to search your apartment, thinking that without a search warrant they will never find the person hiding in a drawer behind the couch.
8th-They searched your apartment, & found this other person hiding in a drawer behind the couch.

Now your question, is all of what they did actually legal? YES!
They were responding to a disturbance call, and upon questioning you they obtained your permission to SEARCH your apartment. If they had reason to believe someone might be in danger, based on the nature of the call or other reasons, then they were left without choice other than speaking with you and making sure everything was all right on the other side of the door--that would require opening/kicking in the door.

A SEARCH is conducted in order to FIND whatever/whomever is being sought. What did you expect them to do, after asking if they could SEARCH your apartment? Of course, they were then legally allowed to look in every box, bag, closet, drawer, and behind every dresser, couch, door, as well as under the beds and up in the crawl spaces and attics--to SEARCH.

 

[hattmall]

Actually nothing has happened to make me ask this. I am just trying to find out for future reference.


Can the police kick in my door if I refuse to open it?
Do they have to tell me why they are there?


Could evidence found inside a desk drawer be used against me If I let the police come in to look for a person. Because there is no way that a person could be hiding in a desk drawer. Also If I do give police consent to look for someone can I tell them when I am ready for them to leave?

If the police look in my house and see something illegal can they come in and arrest me?

What if they say they smell pot can they then come in and just search the whole house?

 

[Crazyhorse]

you can AND SHOULD refuse to open the door if the cops don't have a warrant and you don't feel like talking to them. if they have a warrant then open the dang door.

cops smelling smoke does not constitute a search and can give them probable cause to arrest you. I don't remember the name of the case but it was back in the 1940's and involved a san francisco hotel room being used for opium smoking. the fact I can't remember the name is driving me insane. calatty?

MARYLAND v. BUIE says that cops conducting a quasi-search for a person can only look where a person could be hiding but only if an arrest has taken place inside the house. so that means a drawer would be off-limits. for this search to take place an officer must be lawfully present and must have reeasonable suspicion that someone is there who could pose a danger. the cops can't just come into your house without a warrant and look for someone that may or may not be there.

you can withdraw consent at any time in the enounter and the cops must terminate the search. however if they are putting things back in place and see something in PLAIN VIEW then you're screwed. so make sure you tell them that you'll put everything back in place.

the cops can't come into your house and arrest you unless they have a search warrant for the house, an arrest warrant + reasonable suspicion that you are home, consent by someone with apparent authority or an exigency... for example you're in there with a gun or they're in hot pursuit of someone who runs into your house

remember also that your entranceway is considered a public place... so if you open the door they can pull you out without a warrant since you're not technically in your home.

if I'm doing your homework for you I'm going to be pissed.

 

[hattmall]

not my homework! I am asking to find out because one of my friends neighbors keeps threatening to call the cops on him for smoking pot. so if that happens and he is the best bet is to just not open the door, right?

 

[Crazyhorse]

legally speaking they could get a warrant... but practically... a cop either may or may not spend the time getting a warrant to get inside. risk v. reward.

tell your friend to stop being a jerk and keep the windows closed when he smokes inside.

 

[hattmall]

How long can it take to get a warrant and also what do they have to do/have?

Also what are the limits on when a warrant can be served?

The FBI got a warrant for a friend of mine and it could only be served between the hours of 6 Am To 10 PM.

Are they all like that. Thanks

 

[Crazyhorse]

depends on the warrant.

I have actually been present during a telephonic hearing... and the process took about half an hour.

warrants are subject to the reasonableness requirement. they need to be served during reasonable hours and the cops must announce themselves before entering. the only exception to this rule is when the cops can show cause as to why they need to serve it late or not knock... for example they need to show that there is a risk of destruction of evidence or of a danger to the officer.

 

[mykoleary]

legally speaking they could get a warrant... but practically... a cop either may or may not spend the time getting a warrant to get inside. risk v. reward.

tell your friend to stop being a jerk and keep the windows closed when he smokes inside.

And blow the smoke through an empty roll of TP with Bounty in it.