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It’s a common tactic for cops to flex their authority in an attempt to coerce a homeowner to grant them entry. This intimidation tactic weighs itself heavily on a citizens fear of arrest. Neither officer has a warrant, nor did they proclaim any reasonable suspicion that TT was inside the house.
In every warrantless entry into a person’s home there is a presumption that the entry is unreasonable. The burden to “overcome that presumption” is on the State. To do so, the State must fit the specific search into one several exceptions to the warrant requirement.
Each state can be different, so I will cover Colorado as it is the state I reside in. Be sure to look up the specific distinctions in your state.
The 3 main exceptions to the warrant requirement are consent, probable cause with exigent circumstances and emergencies that threaten the life and safety of another.
Consent is obvious, don’t give it. DO NOT EVER OPEN YOUR DOOR! In fact, pretend to not be home. If they could have gotten a warrant, they would have, and if they do have one, they can slide it under the door, or elect to break it down.
As far as exigent circumstances, A warrantless entry into a person’s home to conduct a search is presumptively unreasonable unless both Probable cause and Exigent circumstances exist at the time of the search.
Some examples are a fleeing suspect, Destruction of evidence, a legitimate claim of emergency threatening the life or safety of another, or there is a threat to the life of the officer.
The officers are unable to fit this search into any of the above and instead prevent the door from being closed and then threaten the occupants with harassment by telling them that they will keep coming back at all different hours, despite the fact that the man they were looking for has never lived there and hadn’t visited for over 6 months. Remember that it is 1:30am.
#1stAmendment #Audit #CopsOwned
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