| The situation: You and 75 of your closest friends or | | | | have that right, and it's your responsibility to know that |
| drunkest frat brothers or sorority sisters are packed | | | | and to exercise the right. |
| into the living room of the duplex that you are renting | | | | Explicitly state that without a search warrant, you will |
| when you here someone yell, "It's the cops!" Many | | | | not let them inside. The only reason officers ask you if |
| scream and bodies start scattering like roaches... What | | | | they can enter is because they don't have enough |
| do you do? What are your rights? | | | | evidence to search without your consent. I repeat: The |
| If you're at someone else's house you have less to | | | | only reason officers ask you if they can enter is |
| worry about than if it is your residence, and if you are | | | | because they don't have enough evidence to search |
| a minor and alcohol is involved, you may receive a | | | | without your consent. If you do not give them your |
| citation but that is trivial with what could happen if you | | | | consent, they cannot enter. |
| run or worse yet, if you are uncooperative or fight. | | | | Tell the officers you understand they are doing their |
| However, if it is your house, you are the one to | | | | job and you will keep the music down. Then ask if |
| maintain control of the situation and interact with the | | | | there is anything else you can do and if you are free |
| officers. | | | | to go. It doesn't matter what they say; there's never a |
| Before Interacting with the Officers at the Door: | | | | reason to allow them into your home. |
| 1. Keep your activities hidden. | | | | If the officers say: "If nothing illegal is going on inside, |
| Whatever it is you are doing it is none of their business | | | | then you have no reason to object to my entry." [They |
| unless you allow it. I am surprised that I am even | | | | may then try to walk by you, interpreting your silence |
| writing this, as it seems quite obvious. This means, | | | | as consent]. |
| keep the blinds closed, do not open the door and stand | | | | You should respond: "Officer, I know you are doing |
| with it open, etc. Anything that falls within an officer's | | | | your job, but I do not consent to any searches. Am I |
| view will allow the officer access to enter the house. | | | | free to go?" |
| The most important activity you can take is to keep | | | | This stops them from entering without a warrant. If |
| the officer OUTSIDE your residence... after all, this is | | | | they threaten to go and get a warrant, agree to that, |
| YOUR CASTLE. | | | | even if they say that an officer will remain by the |
| 2. ALWAYS make sure that only YOU OPEN THE | | | | doorway. If they do enter anyway and find illegal items, |
| DOOR (No one else should ever open the door for | | | | an Austin Criminal Defense Attorney will likely have the |
| the officer). | | | | evidence suppressed and excluded because the items |
| Try to ensure that everyone knows not to open the | | | | were discovered through an illegal search. |
| door if the police are called. Even if an officer yells | | | | Allowing the police inside gives up your 4th |
| through a window or at the door for a guest to open it, | | | | Amendment right, which protects you from |
| the guest should come and get you. While this is an | | | | unreasonable searches and seizures. Most police |
| ideal goal, it is often not realistic as the substances that | | | | searches happen because people unknowingly waive |
| may make a party really "good" at the same time | | | | their 4th Amendment rights by consenting to |
| cause the imbibers of said substances to make poor | | | | warrantless searches. Keep in mind that "consenting to |
| decisions. | | | | warrantless searches" could mean standing idly by as |
| Ideally, you want someone to work the door and to | | | | the officers try to walk inside the front door. You must |
| ensure it is shut immediately after people enter or exit. | | | | actively refuse searches, but verbally state your |
| Your right to protect your home from being searched | | | | refusal, do not grab hold of or use force against an |
| is dramatically reduced if someone else lets an officer | | | | officer to prevent his entry. |
| inside, where the officer may see more and more | | | | If the officers say something like, "We have to do a |
| evidence and get to cover more space under the | | | | routine check to make sure everything is okay inside," |
| "plain-sight" rule. | | | | they are trying to trick you into giving up your rights |
| Meeting the Officer(s) Outside 3. Come from a door | | | | and getting you to consent to a search. (But, if the |
| where the officer(s) are not or immediately shut the | | | | reason they are there is for a 911 hang-up call from |
| door behind you. | | | | the residence or because they here someone |
| Take a deep breath, calm yourself and step outside; If | | | | screaming for help, they may have a right to enter as |
| you know the officer is standing on the other side of | | | | an "exigent circumstance.) |
| the door, you might consider going out the back door | | | | If officers begin to put the pressure on, an effective |
| and meeting the officer where he stands. You can | | | | tactic is to answer their questions with questions but |
| always say that you were outside and someone told | | | | do not ever consent. |
| you he or she was on the porch. But, if you do go out | | | | 8. Answer their Questions with Questions ("Am I Free |
| the door the officer is standing at, immediately shut the | | | | to Go?") |
| door behind you. This is crucial and serves multiple | | | | If they say: "I smell pot. Are people smoking marijuana |
| purposes: 1) it makes it much harder for the police to | | | | inside?" |
| enter, 2) it stops the smell of drugs and metabolized | | | | You respond: "Sir, I don't smell anything. Am I free to |
| alcohol from escaping, 3) it lowers sound levels, and 4) | | | | go?" |
| it prohibits the police from viewing any incriminating | | | | If they say: "We need to do a routine check inside." |
| evidence like bongs that may have been left in plain | | | | You respond: "I will keep the music down, officer. Am I |
| view. | | | | free to go?" |
| 4. When talking to officers, be calm and | | | | While this is a voluntary encounter, remember you |
| non-confrontational. | | | | walked up to the officer, I would not advise saying, |
| Introduce yourself as the owner, renter, or whatever | | | | "Thank you, but I'm going back inside." While you may |
| role you have with the property and ask the officer(s) | | | | legally be entitled to terminate the encounter, the |
| how you can assist them. Remain calm and remember | | | | problem is that you still have the police at your door. |
| that officers exist to protect us. Treat them like you | | | | 9. Tell the truth or remain silent - do not lie. |
| would any unexpected visitor - remember that Golden | | | | Officers can tell when you are not being truthful. They |
| Rule? You have nothing to gain and a lot to lose by | | | | have busted way too many parties to fall for anything |
| being aggressive, hostile, or a favorite "officer word" | | | | less than honesty. Lying will irritate the officers and |
| belligerent. Try to put yourself in the officer's boots and | | | | give them a reason to bust your party. You can |
| think about what you would want to do if you | | | | always mimic politicians and try to avoid questions by |
| responded to a call for a loud party and the host | | | | changing the subject. |
| treated you rudely. You too would probably want to | | | | Officer: "Those people that went inside looked |
| shut down the party! | | | | underage. Are you supplying alcohol to minors?" You |
| 5. When talking, respect authority | | | | respond: "Officer, if the music is too loud, I will turn it |
| Use the title, "Officer." Keep in mind that officers put | | | | down. Am I free to go?" |
| their lives at risk in order to make our neighborhoods | | | | Officer: "You didn't answer my question. Are you |
| safe. So treat them with the respect they deserve. | | | | supplying alcohol minors?" Then, make sure you remain |
| Call them by their official title, "Officer [Name on Shirt]," | | | | silent and ... 10. Do not answer any questions about |
| or "Sir/Ma'am." Some may take offense if you don't. | | | | illegal activities without your attorney there. |
| Officers like it when you acknowledge their authority. | | | | If they say: "You didn't answer me. Are you supplying |
| 6. Determine why the officers are there. | | | | alcohol to minors?" You respond: "Officer, I have |
| Sometimes officers are nearby for another reason. An | | | | nothing to say until I speak with a lawyer. I will turn the |
| example, when I was sixteen, I was stopped and | | | | music down. Am I free to go?" |
| questioned about my presence in a neighborhood. The | | | | If you do not feel comfortable answering their |
| officer questioned me, insinuating that I had been doing | | | | questions truthfully, then remain silent. Anything you say |
| something illegal. It turns out the officer was actually | | | | can and will be held against you, and everything you do |
| looking for someone who had toilet-papered a house | | | | not say cannot and will not be held against you. So do |
| and shot the front door with paint balls. The point of | | | | not give them anything to work with. You cannot get in |
| the story: do not assume the officers know what illegal | | | | trouble for refusing to answer questions. |
| things you are up to, even if they pretend they know. | | | | Remember that if the officers do not have enough |
| It is possible the officer sat your door are asking about | | | | evidence to develop probable cause for a warrant or |
| something going on in the neighborhood, but it is | | | | consent, they cannot enter. And, refusing to answer |
| probably a safe bet they are there because of the | | | | questions does not count as evidence to be used |
| noise complaint caused by your drunken friends | | | | against you. |
| rapping along to old M.C. Hammer. With some luck, | | | | Unless officers think you are committing a serious |
| there's a good chance the officers will leave if you | | | | crime, there is almost no chance that they will get a |
| agree to turn down the music and not "make them | | | | search warrant for your house, and if they do, then |
| come back...." | | | | you deal with that later. If you remain calm and agree |
| 7. NEVER CONSENT to a search or admission | | | | to turn down the music, the police will likely leave and |
| without a warrant. | | | | then you will have a story to embellish.... |
| You must protect your home at all costs. Do not | | | | You and only you can exercise your rights. The law is |
| consent to the officers entering. Officers will not tell | | | | on your side, so use it. Refuse searches. Remain silent. |
| you about your right to refuse their entry. But you | | | | |