Learn what to do when police show up at your door in Texas

5 Things You Should Know When Police Come to Your House

Unless no one likes you and you have no friends, you’ve probably enjoyed a great house party at some point in your life. It doesn’t matter whether it was a house warming party, your vacationing parents accidentally left you home alone, or one of your friends told all the strangers at the bar that the after-party’s at your place. Occasionally, parties get a little out of hand and the unthinkable happens after someone pounds on the front door hard enough to knock pictures off the walls: “NOISE COMPLAINT. OPEN UP!”

Despite an immediate adrenal release, all your guests stand motionless and exchange nervous glances. Someone reaches over to turn down “Turn Down for What.” The homeowner quietly tip-toes to the peep hole to confirm the reality that everyone fears: it’s the cops! Questions race through his head.

Do I have to open the door to cops? Can they break down my door if I don’t open it? 

Flashlights shine through the blinds as the door-pounding becomes furious. “WE KNOW YOU’RE IN THERE. OPEN UP.”

Did they see us? Do I have to open it if they saw me? What if they say I have to open the door? 

The host winces as the cops dent his front door with their metal batons. Scared and confused, he opens the door and allows the cops inside his home. By opening the door, the homeowner has consented to police entry, and waived his protections under the Fourth Amendment.

This happens far too often, so I put together a short list of considerations for when cops come to your house in Texas.

  1. You have the most protection inside your home, so stay there!

Whether it’s your cell phone, glove box, body cavities, or bedroom closet, it just feels wrong when someone goes through your stuff without your permission. Recognizing the need for privacy, both the U.S. and Texas Constitutions have long protected the right of people “to be secure in their persons, houses, papers, and effects against unreasonable searches.” All searches by police must be reasonable. Unreasonable searches are illegal, which generally makes the evidence recovered through any unreasonable search inadmissible at trial.

But what makes a search unreasonable? The answer depends on where the search occurs, and the greatest protections we have against police searching are inside our homes. Courts apply the strictest standards when police officers invade a person’s house. But cops can get away with more when a person opens the door, and even more when a person steps outside, even partially through a doorway.

Warrantless Cops Outside the House

“But can’t they just open the door or kick it down?” I’m glad you asked, Kevin. Let’s see when they can legally enter your house.

  1. Cops almost always need a warrant to enter your home.

“When law enforcement officers who are not armed with a warrant knock on a door, they do no more than any private citizen might do.”

Unless one of the rare exceptions applies, cops need a warrant based on probable cause that has been signed by a judge before they can enter a person’s house. Warrantless searches in the home are presumptively unreasonable. In other words, courts initially view that police entry/searches are unreasonable and illegal if the cops didn’t get a warrant first. Practically speaking, this means that if the cops bust into a house party without a warrant and recover evidence (drugs, dead bodies, drunk minors, etc.), the judge probably won’t let them use the evidence against the homeowner.

If cops come to your home, you don’t have to talk with them. But if you choose to address the officers, ask them if they have a warrant. I’ve never heard of a house-party or noise complaint warrant, but if they say they have one, tell them to slide it under the door or hold it up to a window so you can verify that they have one.

If cops say they have a warrant, ask to see it through a window or under the door.

If cops say they have a warrant, ask to see it through a window or under the door.

Remember: at your front door, a warrantless cop can do no more than a citizen can do, which leads us to the next point.

  1. If they don’t have a warrant, you don’t have to talk to them or open the door.

The United States Supreme Court and the Texas Court of Criminal Appeals have both recognized that homeowners don’t have to talk to cops or answer the door if they don’t have a warrant:

“When law enforcement officers who are not armed with a warrant knock on a door, they do no more than any private citizen might do. And whether the person who knocks on the door and requests the opportunity to speak is a police officer or a private citizen, the occupant has no obligation to open the door or to speak. And even if an occupant chooses to open the door and speak with the officers, the occupant need not allow the officers to enter the premises and may refuse to answer any questions at any time.”

You don’t have to talk with the police. When you do decide to talk with cops, you begin to give them evidence that can be used against you. Rare are police reports or arrest videos where someone gives the golden answer to police questioning: “I don’t answer questions without my lawyer.” This answer invokes your rights, minimizes evidence, and cannot be taken as evidence against you (even though it feels like it might). So again I repeat: You don’t have to talk with the police.

You also don’t have to open the door to a warrantless cop. When you do, they might take it as an invitation to enter the home, leading to an argument later about whether the cop had consent to enter. Instead, keep the door closed/locked, turn down the music, and wait for them to leave.

Can the cops come inside?

Just wait it out, Kevin!

  1. But cops might be able to enter if there are “exigent circumstances.”

Cops have very limited authority to arrest people inside their homes without a warrant:

“An officer making an arrest without a warrant may not enter a residence to make the arrest unless: (1) a person who resides in the residence consents to the entry; or (2) exigent circumstances require that the officer making the arrest enter the residence without the consent of a resident or without a warrant.” Tex. Code Crim. Proc. 14.05.

There are only two options: a resident’s consent and exigent circumstances. “Exigent circumstances” is the legal term for some type of immediate emergency that reasonably requires the police to enter without a warrant because there is no time to get one.

Since Kevin is about to get his fingers bitten off by the Wet Bandits, this might be a valid exigency that would allow cops to enter a house without a warrant

Since Kevin is about to get his fingers bitten off by the Wet Bandits, this might be a valid exigency that would allow cops to enter a house without a warrant

Texas courts recognized three exigencies in a recent case:

“Exigent circumstances justifying a warrantless entry include 1) rendering aid or assistance to persons whom the officers reasonably believe are in need of assistance; 2) preventing destruction of evidence or contraband; and 3) protecting the officers from persons whom they reasonably believe to be present and armed and dangerous.”

Noise complaints by themselves are not an “exigent circumstance,” so they cannot support a warrantless entry by police. When cops smell marijuana or see kids drinking, officers often try to use the “destruction of evidence/contraband” exigency as a way to justifiably bust into a house party. However, courts have held that the smell of freshly burned marijuana is not enough, by itself, for a warrantless entry:

“In Steelman, we held that the odor of marijuana alone is not enough to allow officers to conduct a warrantless search. This is because it is clear under both United States constitutional law and Texas constitutional law that a warrantless search of a residence is illegal unless probable cause exists in combination with exigent circumstances.”

Enjoy those munchines, Kevin.

Enjoy those munchies, Kevin.

  1. Letting the cops inside is consent to entry, which waives many rights.

The fastest way to waive your rights is to open the door and invite officers inside your home. Consent to their entry waives all of your protections and grants the officers a temporary right to snoop. Anything the see/hear/smell inside after allowing them inside is fair game. Also, consent doesn’t have to be from the homeowner—it can be from anyone who the cops reasonably believe to be a resident.

Cops can get consent to enter from anyone that could be reasonably mistaken for a resident.

Fuller let the cops inside the house and then went upstairs to wet the bed. Typical Fuller.

Don’t consent to any search of the house even if you have nothing to hide. In fact, don’t open the door at all until you see a warrant. But even if the cops do violate the law or come inside when they shouldn’t, don’t resist or try to run away. Resisting or running will make your case much worse, and it could be dangerous. Instead, ask for a lawyer as soon as possible and let your attorney fight for you in court.

If you’ve been arrested, you need an attorney who is ready and willing to fight for you. Call Fort Worth Attorney Bryan E. Wilson at 817-454-5965 and get the Texas Law Hawk on your side today.

Bieber-Arrest

Things Not to Say to Police: 6 Lessons from Justin Bieber’s Arrest

Love him or hate him, we all know Justin Bieber. This infamous bad-boy musician may have finally established his street cred by landing himself in a pair of handcuffs last Thursday for DUI and resisting arrest. The scrappy Canadian was particularly antagonistic to the arresting officers, so I thought that a brief analysis of his police report would illustrate what NOT to do when interacting with police. Let’s pretend that he pulled this stunt in Texas and learn a few lessons on how to act if you get pulled over. Below, I’ve selected some choice excerpts from the arresting officer’s police report and then discussed how the Biebs could have handled himself differently.

Excerpt #1

“[THE POLICE OFFICER] ASKED [JUSTIN] TO PLACE THE VEHICLE IN PARK. AT THIS TIME, [JUSTIN] BEGAN TO STATE: “WHY DID YOU STOP ME?” [JUSTIN] STATED: “WHY THE F*** ARE YOU DOING THIS”?”

Here’s his first mistake: he initiated confrontation with the officer. When you get pulled over, you need to remember that cops have unlimited discretion to do as they please. If you give an attitude to them, expect to get an attitude in return. No matter how you feel about cops, always treat them with respect.

If officers ask you to get out of your car, ask if you’re free to leave. If they say ‘no’, then ask to speak to an attorney before you say anything else.

Excerpt #2

“[THE POLICE OFFICER] ASKED [JUSTIN] TO NOT GO INTO HIS POCKETS FOR [HIS] SAFETY. . . . [THE POLICE OFFICER] ASKED [JUSTIN] TO PLACE HIS HANDS ON HIS VEHICLE IN ORDER TO FACILITATE A CURSORY PATDOWN FOR WEAPONS. [JUSTIN] STATED: “WHAT THE F*** DID I DO, WHY DID YOU STOP ME?”

Many officers will agree that traffic stops present the biggest threat to their safety because they never know if the driver or passengers are dangerous. Quick movements, reaching under your seat, or putting your hands into your pockets will all increase the sense of danger in the officer’s mind.

A few things will help. First, turn off the car and put the keys on top of the dash. Keep your hands on the wheel at 10 and 2, and tell the officer where your hands are going before reaching for anything. For example, say, “Yes officer, my insurance card is in my glove box, so I’m going to reach for it right now,” before you begin to move your hands towards the glove box. If it’s night, turn on the inside light. The cop will appreciate all of this.

And don’t ever say “what the f*** did I do?” (See mistake #1 above).

Excerpt #3

“[IN RESPONSE TO A REQUEST FOR A CUSORY PATDOWN, JUSTIN SAID HE] AINT GOT NO F***ING WEAPONS, WHY DO YOU HAVE TO SEARCH ME, WHAT THE F*** IS THIS ABOUT?”

The Biebz had the right idea here: you should never consent to a search. If the officer reasonably senses danger (like a suspect putting hands in his pockets), the officer may be able to legally pat you down. All pat downs and searches by law enforcement are subject to the 4th Amendment, which excludes evidence if the search was unreasonable. Still, a better way to respond without the f-word is “I do not consent to any searches, but I will not resist.”

Excerpt #4

[JUSTIN] BEGAN TO RESIST [THE POLICE OFFICER] BY PULLING HIS RIGHT ARM AWAY AS HE STATED: “WHAT THE F*** ARE YOU DOING.”

Don’t. Ever. Resist. You are being recorded, and if that video ever ends up in front of a jury, you’ll look like an ass (even if the arrest was illegal). Let the video show you being respectful instead of abrasive, then let your attorney fight back in the courtroom.

Excerpt #5

WHILE EN ROUTE TO THE STATION, [JUSTIN] INQUIRED AS TO WHY HE’D BEEN ARRESTED.

All statements can be used against you in a court of law. Based on Justin’s statement here, a prosecutor could mention in his or her closing argument that the defendant had already forgotten why he was arrested. Whether or not that’s true is irrelevant; it’s still a point against him.

After you’ve been arrested, invoke your right to silence and to have an attorney. Practically speaking, this means, “I’d like to speak with my attorney before answering any questions.”

Excerpt #6

[JUSTIN] DID NOT PERFORM [FIELD SOBRIETY TESTS’] TO STANDARDS. [JUSTIN] LATER AGREED TO A BREATH TEST AS WELL AS A DRUG EVALUATION.

Although the report is unclear here, it seems that the Biebster attempted (and failed) a breathalyzer and field sobriety tests. If you want to see why this is a bad idea, try standing on one foot for thirty seconds. Tough, isn’t it? Now imagine doing that with your heart racing while flashing lights disorient your vision as you’re surrounded by a pack of attentive police officers hungry for an arrest.

If you’ve been drinking, don’t perform these sobriety tests. Also, don’t consent to any breath or blood tests. Politely request an attorney instead. A refusal may result in your license getting suspended and can be used as evidence against you. Even so, that’s better than a slam-dunk case for a prosecutor.

If you find yourself in a similar situation as Justin Bieber, contact Bryan E. Wilson, the Texas Law Hawk and have him fight for your rights.