Man Stands Up For Constitution - Denies Police Access to His Home

[Birds Away]

Guy was being a jerk for no justifiable reason. 'Nice' way to help out a woman from the area just beaten up by some scumbag. "Hey, nice lookout, clown".

'Hate' to tell folks this, but depending on exigent circumstances (like 'hot pursuit'), your 'right' may be temporarily suspended or cancelled. Whether ya 'like that' or not. That's as it should be.

Was that this case in the Alex Jones clip (Alex Jones? Really?)? Not enough information to know for sure. COULD the cops have handled it better? Likely. Was the citizen being a complete jerk for no valid reason? Absolutely.

There's a difference between the real world and 'La-La Land'.

Ah, absolutely. Only the gubmint, and agents of the gubmint, can define "reasonable". Anyone who would attempt to bar police entry into their home "must have something to hide." What's really sad is how uncommon this is.

 

[rw496]

If other people did see the felon flee into this guy's house, just surround the house and get a warrant. Then when you go in and find the felon you can arrest this guy too.

 

[T.Lex]

Can someone please explain to me the difference, as far as rights are concerned between being in your home, being on the front porch, and being on property you own? I live well off the street. Can cops stay on your property if you tell them to leave your property?

Oy vey.

This is a VERY gray area: curtilage.

These are the general guidelines as I believe them to be, for general information, without being specific advice to you or anyone else.

First, assuming there is no warrant to enter your property (for either a search or an arrest). Police are generally allowed onto any portion of the property that is open to the public. For instance, your driveway and the walkway up to your door are areas that police can enter without any permission at all.

Second, if they enter your property along those "public" access points, and you ask them to leave, the professional thing to do is to leave. (And maybe set up a perimeter around your house until they get a warrant.)

Edit:
Forgot - back to curtilage. The further from your actual dwelling, the less you have an expectation of privacy. So, under certain circumstances, officers may be able to access your property if it is distant from your actual house.

Again, I'm not saying this is right or wrong, just what the generally current state of the law is.

Also, if officers are being unprofessional and not leaving, best you can do is try to call a different LEO unit and video record the interactions for later.

 

[Birds Away]

If other people did see the felon flee into this guy's house, just surround the house and get a warrant. Then when you go in and find the felon you can arrest this guy too.

No, no, that's not how it's done. You need to use flashbangs and smoke and go in all tactical so you can rack up a body count.

 

[SteveM4A1]

The exercise of one's rights isn't a valid reason?

You should know by now what his answer to that would be.

 

[Streck-Fu]

Undoubtedly. But for a minute I thought you were saying that under no circumstances could police enter a house over the owner's objection. Now, it looks like it was a misunderstanding and we agree that under some circumstances (we can argue later about what's reasonable or not) police do have that authority.

I was only commenting on the parameters of the video in discussion.

 

[TTravis]

The reason I asked about property is because I had a cop set up a speed trap at the end of my driveway once. I went out and told him that I did not want my property used for that purposes. He just left without comment. This was a few years ago.

 

[Tyler-The-Piker]

Their baby was asleep, they were having a cross-dressing-threesome in the other room, their house was an embarrassing mess & the dog had just pooped on the floor...hell I wouldn't want the cops in there either! lol

does the reason even matter?

 

[88GT]

You should know by now what his answer to that would be.

I know. I just want to see if he'll be man enough to say it outright instead of beating around the bush.

does the reason even matter?

Heck, no. Any reason is valid for entry without consent or warrant.

 

[Hammerhead]

*knock knock*

"Who is it?"

"The POLICE!"

"What do you want?"

"We want to talk."

"How many of you are there?"

"Two."

"Talk to each other."

 

[THE BIG SITT]

How is denying the police entry into your house not helping out the victim? Maybe the police should have moved on once they were told no. Then they could have stopped wasting time that they could have spent trying to find the bad guy.

Oh, that's it. The guy should have closed the door in the officer's faces to get them moving in their search. Right?

What would have happened had the home owner done this? Could he have opened the door, denied them entry, and then closed the door?

 

[THE BIG SITT]

Well lets put ourselves in this guy's shoes for a little bit, and think how we would have reacted. For me personally, I would have calmly talked to the officers about what was going on, ask why they wanted to search my specific house, and make my judgement based off what they say. If they seem genuine, I would probably let them in. I would, however, follow the LEO with the camera rolling during the entire search. Once they have looked in all the closets and under the beds, I'd ask them to leave, and offer them a Pepsi for the road.

However, if I felt like they were trying to deceive me or anything similar, I would do what this guy did. In reference to this video, I would have let the guy on the right in, and I would have asked the guy on the left to leave (assuming they were alone).

 

[BigBoxaJunk]

Cleeeeeeeearly the resident is hiding something, because that's the ONLY reason why he wouldn't want cops in his house.

BTW; I give my inlaws the same treatment when they come over. Three pieces of ID at the door, and I film everything.

 

[Expat]

Cleeeeeeeearly the resident is hiding something, because that's the ONLY reason why he wouldn't want cops in his house.

BTW; I give my inlaws the same treatment when they come over. Three pieces of ID at the door, and I film everything.

I make them rub my bare belly and say, Praise Lord Buddha.

 

[THE BIG SITT]

Cleeeeeeeearly the resident is hiding something, because that's the ONLY reason why he wouldn't want cops in his house.

BTW; I give my inlaws the same treatment when they come over. Three pieces of ID at the door, and I film everything.

Wait... thats an option? You may have saved me some grief.

 

[30calmachinegunner]

It's really pretty simple, you don't have to open your door for the man, you don't have to talk to the man, you don't even have to acknowledge him. I've had police knock on the door before while I sat in the house in plain sight and just ignored them. They'll eventually get tired and leave, they won't be back with a warrant unless they actually witnessed you doing or saying something to them, which brings us back to rule 3- Don't talk to the man!!! They hear what they want to hear no matter what you say. Why do you think they want to "just talk" to you? They are waiting for you to give them an excuse, any excuse to violate your rights.

 

[RoosterJC]

 

[planedriver]

Oy vey.

This is a VERY gray area: curtilage.

These are the general guidelines as I believe them to be, for general information, without being specific advice to you or anyone else.

First, assuming there is no warrant to enter your property (for either a search or an arrest). Police are generally allowed onto any portion of the property that is open to the public. For instance, your driveway and the walkway up to your door are areas that police can enter without any permission at all.

Second, if they enter your property along those "public" access points, and you ask them to leave, the professional thing to do is to leave. (And maybe set up a perimeter around your house until they get a warrant.)

Edit:
Forgot - back to curtilage. The further from your actual dwelling, the less you have an expectation of privacy. So, under certain circumstances, officers may be able to access your property if it is distant from your actual house.

Again, I'm not saying this is right or wrong, just what the generally current state of the law is.

Also, if officers are being unprofessional and not leaving, best you can do is try to call a different LEO unit and video record the interactions for later.

T.Lex... Just a thought. Consider the castling statutes. I'm really hazy but there is a distance from dwellings considered "castled". Goes back to medieval castles and motes. the mote being part of the castle. In short they just can't just stand at a window peer in without a warrant.

Tough defense but it's there.

 

[30calmachinegunner]

Maybe they can't peer in but I'm pretty sure they can stand at the street with a thermal imager and see what's going on, I know they use it in helicopters at night to check for "hot spots" indicating indoor growing operations which can be further investigated

 

[Fargo]

Maybe they can't peer in but I'm pretty sure they can stand at the street with a thermal imager and see what's going on, I know they use it in helicopters at night to check for "hot spots" indicating indoor growing operations which can be further investigated

Nope, thermal imager was ruled a search by SCOTUS back in the 90's if memory serves...