What Rights Do You Have To Stop Cops From Entering Your House – Warrants, Consent, Exigency
When can Cops enter your home? What cops use to enter your home. I discuss how Gov or Law Enforcement can gain entry to your home and under what circumstances they can enter your home without your consent or approval.
I have a video about why you should not talk to cops that I encourage all people to watch. Nothing good comes from talking or cooperating with the Gov. Once Gov is involved it can only down hill from there. Once Gov gets an inch of control they will always want more and you will end up playing catch up and wishing Gov was never invovled. Here is the link to that video:
I have said many times when I was a cop – It is better if you don’t make a statement, don’t talk to me and remain silent. There is an attitude that if you remain silent or refuse to talk, then you must be guilty or have something to hide. In the current adversarial relationship between citizens and the Government, protecting yourself should be your primary concern.
Nothing you say can help you and can only be used against you. Police work for the Government and politicians, they have careers to protect, policy to follow, they make mistakes, they misremember things, some things are accidentally left out of reports, their memory is not perfect and many other factors can come into play and you may become collateral damage during an investigation. The old saying, Truth is what the cop puts in the police report, is true to many.
Any lawyer will tell you DO NOT talk to the cops or give any statements. Anything you say can be misunderstood, taken wrong, repeated wrong, remembered wrong, important parts can be forgotten, confused or intentionally withheld by the Government, especially if it hurts their case.
This video is a Lawyer that explains this very well. Invest 20 minutes and watch this video where this experienced Lawyer gives specific reasons on why you should not talk to the Police.
As a law abiding citizen I appreciate the information but the behavior you described of cops today is very concerning. What happened to protect and serve. You see more and more police departments looking more and more like military operatives and that is scary even as a law abiding citizen.
If this is true–that cops can create exigent circumstances on a whim and thus can break in without consequences–the system needs to CHANGE. One of the important critical costs of individual liberty that an individual having a right to be secure in his person is that COPS DO NOT HAVE THE AUTOMATIC RIGHT TO WIN unless they can prove it to a judge who would provide a warrant. A person’s home is his sanctuary. Period. If cops want to snag someone who’s in his house and don’t have a warrant, starve him out. Don’t break in. If someone’s life is in danger, cops don’t have–that is, should not have–the limitless power to resolve the situation, not at the cost of one’s right to be secure. To argue otherwise is to give absolute power to a police state, which I’m beginning to realize we may have already become, rather than a nation governed by individual rights. But the greater crime is in the courts/”justice” system that have successfully absolved such tyrannical violations of the 4th amendment and given what was said in this video the backing of precedent. Checks and balances clearly end at the courts, a tragedy that is ultimately causing the implosion of our nation. Granted, the stories this guy shares are examples of where having a police state worked out nicely.
So you can do nothing wrong but be a victim of impatient cops attending a bogus call, not even get charged, and still receive a record? “Land of the free” The more I learn about our legal system the more I despise it, it’s despicable and constantly stacked against the citizens. A cop will give you a record just because he didn’t want to have to justify his unneeded use of force on paper. What the hell…
most everything you’ve said is why law enforcement has very low respect. I had a DA tell me Law Enforcement is not an honorable job anymore.
“There’s a difference between kicking a door and preventing you from closing the door” that right there tells you everything you need to know about cops.
by the way I am law abiding citizen and a veteran … I believe in the constitution to the fullest! officers infringe on that daily! a good friend of mine that I severed with just became a officer in texas … his class skipped over learning bout the constitution … umm… that’s an issue for me … how many agencies do that !? isn’t the fucking constitution the basis for our laws ,rights, way of life ?Officer, what you’re saying is that police will, after violently harming an innocent person, will arrest them, book them, and give them a criminal record so they don’t look bad? That’s what I would call a disgusting and evil action. That, and the victim of those perpetrators would also have a good claim for a 1983 suit.An attorney named Dale Carson wrote a book called “Arrestproof Yourself”. In that book he stresses that when ever you deal with government and law enforcement to ‘Shut the hell up”. To never EVER start talking to them. That they are NOT your friends. That book should be required reading for every citizen of this country. The information contained would help to put the kabash on a lot of governmental and law enforcement abuse. Most police I know are pretty good people just doing a dirty job. But I have met a few who I am amazed ever passed a psych test.I appreciate your information, except the part where you laugh about busting in the wrong house and you told the lady to have the city pay for the damage. Disgusting! How would you feel if someone busted into your home and just said, “oops, I made a mistake. Sorry“? Yeah, that’s what I thought. This is why a lot of people hate the cops. The “I can do anything I want because I’m a cop and my union and the city will protect me” Is absolutely disgusting.if this does not convince you that you live in a police state I don’t know what willThis man swore an oath to uphold the constitution? Let that sink in a while.long story short…sounds like they can make up any excuse and enter your house without your consent or warrantYou should have explained how cops trick people into letting them in because the cops don’t specify what kind of warrant, a search warrant and an arrest warrant are two entirely different things. And how an arrest warrant doesn’t give any cop entry into a home unless the cop just saw the person enter the home, or the cop sees the person in the home. Cops will yell, ‘we have a warrant’, but they don’t say it’s an arrest warrant, trying to scare people into opening their door, when they don’t have to open the door. Cops rely on people being ignorant of the law, due process, procedure, etc. If cops say they have a search warrant, they have to show it to you upon request, and it has to have a penned signature by a judge, and it needs to be very specific about where and why. If it has 1 error, then it should be considered null and void.
- I heard somebody say help so I kicked the door in.
- I saw somebody moving the house so I kicked the door in. I
- thought I smelt smoke so I kicked your door in.
- It was cold outside so I kicked your door in.Sounds like a warrant is pretty useless to me when all you have to do is make up some bull shit excuse to get in. Never ever talk to the cops they are not your friend…>> they can lie and they ain’t gonna believe you.80% of police work is causing people grief over b.s., to collect fines. Policing for profit. 20% is positive and necessary .Also your “goofy” presentation style and apparently cavalier attitude toward the violation of citizen rights seems to be in line with the way law enforcement treats citizens these days: with disrespectI love this guy’s stories! Also, thanks for keeping it real with us citizen’s who ate struggling to not offend authorities to the point of incarceration due to wounded ego vs. Expecting privacy of self and property as guaranteed under the 4th amendment.It’s absolutely a violation of our civil rights to force entry while you wait for a warrant. A homeowner would be perfectly justified to defend themselves against such use of unlawful force. A warrant is the ONLY justification for you to force entry. An officer is sworn to defend our rights as guaranteed by the Constitution. If an officer violates that oath by failing to follow proper due process, he is no longer properly acting as the enforcement arm of the law. At any point that the officer violates his duty to defend and uphold our rights as guaranteed by the Constitution, he ceases to be Constitutionally justified in his actions, and is subject to the same counteracting use of force that any common criminal would be. We have to protect the absolute fail-safe right of We the People to use defensive force against ANY intruder who does not have a proper warrant. Otherwise, you end up with unscrupulous officers using loopholes such as the ones described in the video to enter unlawfully.Great video and great info. The statements about the officers making decisions to cover their own butts instead of following the law and protecting the rights of the citizens are very sad but true. Also the statements about the cops having a chip on their their shoulder for anyone you does not follow all their “orders” whether those orders are lawfully given or not. People with that sort of ego should not be given a badge and gun. I think we are all going to have to start wearing body cameras to have evidence when these behaviors happen. Unfortunately, it is too easy for an officer to lie about what happened to make it sound like he was right. The DA and the judge will tend to believe him, not the citizen. So the citizen gets screwed.Well since everyone is sharing, I guess I should too… I lived in Hamilton Ohio with my wife and first child. I was playing on my Xbox 360 and had been for about 2 and a half hrs and suddenly heard someone talking at my window,” are you sure? This guy is sitting here playing a video game.” I instantly tensed up not knowing what was about to happen. I then heard a knock at the door and got up to go answer it. I asked through the door who it was and they said HPD can you open the door so we can speak with you for a moment. So being only 19 at the time I was unaware of my rights regarding entry to my home, I opened the door to have a word and was instantly bulled back by a police officer and pushed on to my ottoman and told not to stand up while being held at gunpoint. 6 other police officers rushed in behind him in swat garb with assault rifles and started searching the house. I asked what was going on and the on who was standing over me with his pistol told me they received a call that a woman was being held hostage by a man with an assault rifles, then he asked me if I had any firearms and if there was anyone else in the house. I told him about my dad’s shotgun in the next room in a locked case and that my wife and daughter were upstairs sleeping. Two officers then went upstairs to wake up my wife and daughter to “make sure they were ok” then promptly left. If that isn’t messed up and illegal idk what is. Note: this was probably around 2-3 amWe’ve investigated ourselves and found no wrong doing.What about the classic “You open the door and the cop sticks their foot in the door so you can’t close it, tactic.” Why did you leave that part out?“I smell marijuana.” How does someone overcome this since cops are allowed to lie?>> Cops are not allowed lie about facts that develop their PC.>> @S Campbell But, they do.At the beginning you list only 3 ways a cop can enter someone’s house. You left out the one most often used.COERCIONcoercion noun plural noun: coercionsThe practice of persuading someone to do something by using force or threats.
>> @Ricky Mellottsr “either let us in now or we are going to come back with a warrant. if you make us get a warrant you are going to make us mad. when we return with that warrant we will search and destroy your property.” and they will destroy everything.I appreciate straight-talkers, regardless of what they’re saying or their message. Thank you for your prospective, insight, and this conveyance. It was informative and clear.So the key is too keep them off the property and keep the door closed. Also by federal law cops cuffing and not arresting you is a battery. Don’t believe me, ask a lawyer. He is also just admitted HE IS A DIRTY COP by saying he books people that he knows haven’t committed a crime and seeing other do so because he and them don’t want to have to justify their use of force. He is exactly what’s wrong with the cops in the US.Thanks for your information and it’s pretty accurate as far as I can tell. You at least seem like a stand up guy and sincere on your points that are well taken. Nowadays the disconnect comes in when cops over-step their bounds then double down with petty retaliation tactics.THEN the citizens seem to have NO recourse when it’s plain that the cops were wrong and it’s even plain that the “revenge” tactic was done for obvious reasons. Plain and simple fact is ordinary citizens do not like being treated and talked to like they are ALREADY in prison. (Very unprofessional) All due respect to the job, but not to some of these bullies and thugs that we ALL know are out there. Thanks in advance for giving me this platform to air my personal opinion.In other words, The Fourth Amendment protects nothing.How is anyone supposed to know that the person banging on your door is an actual cop?6:59 “When your working on an exigency situation to get in someones house, Its up to the cop to create that exigency” I have a problem with a lot of this. It is not illegal to not answer the door, even if its a cop. Its not illegal to no not acknowledge the cops even if they see you inside not answering them. I get it, someone called…. Talk to the caller, if they dont say anything that gives exigency to the situation in and of itself then aww well. Do not pass go. Stay the fuck outta my house. I’m in here getting paranoid like a motherfu**er and your killin my buzz from these brownies my aunt made me for ChristmasI found this video to be very disturbing. Something about this video seems to trivializing immorality. First of all, a cop should be intelligent enough and careful enough to NOT go to the WRONG house, especially knowing what the consequences could be. A person could be running in their house for any reason. Perhaps a person is not suitably dressed and runs to put something decent on. Normally people (myself included) don’t expect someone to kick the door of the house so they might hang around the house looking any kind of way. As far as exigency, I need clarification. Is exigency always started for the benefit of the resident or can it be used for other reasons? A neighbor’s call might indicate exigency or not mean anything, especially when people call cops on their neighbors out of spite. The purpose of a welfare check is to benefit the person who’s welfare is at risk. The person who the call was made for or didn’t instantly answer the door should not be abused because “he’s a jerk that pissed off one of our people…” What does that have to do with the welfare of the victim? At this point, the issue is ego and not ‘serving and protecting’. This video was informative but left me feeling very sad and with a little less respect for the police, because as I said it trivialized certain things that don’t need to happen.
The Fourth Amendment:The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.I believe in warrants.Yet when cops use warrants and they find nothing.They should be held to accountability.This does not happen now. This is where law on warrants should be changed. Such as there should be folks there with cops , that are trust worthy to watch every move of the cops. Cops are not trust worthy. This is a added accountability for cops to try to keep them honest. If cops are caught by these mediators planting stuff. Then the cops are automatically given twenty years. with out parole. When warrants are issued for wrong address.Then these cops who bust down the door and terrorize a family.Then these thugs should be charged with terroristic tactics. These terrorist should be charged with a felony with at least a minimum of 25 years to life in prison. Cops by nature are dishonest and natural born liars. The system protects these terrorist. Warrant system and blue privelege is what also protects these criminals. Cops are not human they are animals.
You’re laughing about entering the wrong residence. You’re laughing about walking away as the lady is frantic because you broke her window. You’re laughing as you say you tell her the city will pay for it. Then, later in your discussion, you joke about entering someone’s residence after chasing the “large black man”, drawing your weapon and scaring the daylights out of innocent people. I’m sure it DEFINITELY wasn’t funny then. Why do you think it’s funny later? What’s funny about that?This is the kind of logic that’s what’s wrong with this country. You LEO’s somehow believe you’re justified in your actions – despite you ADMITTING you messed up or, later, aiming your weapon at innocent people. WTF?! There’s never been another time in America where citizens have a strong dislike and distrust for police than there is now. Do you really believe talking about your past transgressions in this manner is going to help? And just because someone is a “jerk” to LEO’s doesn’t excuse illegal action. It’s this mindset that somehow, because you have a badge and you’ve been disrespected, you have the “right” to infringe on the rights of others. I do applaud you for educating the public regarding your train of thought and a glimpse into the mind of a LEO. It IS helpful. I just think you could’ve handled it better.>> not true, cops lose their job very easy for misconduct and lying, but they have be caught red handed and with video that is getting easier.>> even with clear video of them committing crimes like murder and other major violation of the law, some of them only get a light sentence, that amounts to nothing, and some time no jail time just fired ..