Posted on 05/06/2014 9:55:55 PM PDT by QT3.14
The police are allowed to walk up to a house and knock on the door in an attempt to speak to residents inside. But if no one answers, how long can they stay at the door? Not for as long as 45 minutes, holds the Court of Appeals of Indiana in J.K. v. State. The court bases this conclusion on the U.S. Supreme Court’s recent decision in Florida v. Jardines, which held that a knock-and-talk is permitted by implied social custom but that other steps such as bringing a drug-sniffing dog to the front steps go too far. From the new decision:
(Excerpt) Read more at washingtonpost.com ...
This is welcome news
Police knock on doors? I thought they just sent in SWAT with no knock, except the battering ram to knock down the door, followed by a stream of men outfitted in para military type gear.
Police don’t knock on doors, they break them down.
I am surprised they did not rule that they can kick the door in.
Obviously kidding! Okay, so now the police only have to knock and wait a few minutes before kicking down the door. Sounds like if they do that it is a Constitutional problem. What the hell, lets just let the police do whatever they want whenever they want and we should be happy..geez, what a bunch of followers we tend to have at times.
Is that before or after they’ve shot your dog?
I once had cops knock on my house door. They asked if they could talk to me. I asked if they had a search or arrest warrant. When they said they didn’t, I told them to get off my property or I would file charges for trespassing. They left.
That’s so clever. I’ve never seen it posted on FR before.
I do what I can.
And then what happened?
Nothing; they never came back.
Seems the court holds in place for the people’s rights on this one.
I don't have a dog - I lost him in a boating accident. (How's that for mixing Freepisms?) :)
For anyone who is interested in the case details, here’s the public decision from the appeals court:
http://www.in.gov/judiciary/opinions/pdf/04291401mgr.pdf
In a boating accident? That’s hugh and series!
:-)
So can cop #1 knock for 30 minutes and then be replaced by cop #2 who knocks for 30 minutes, etc?
A couple of years ago, I saw a video of an occupant made from inside the home when two Atlanta cops (I think) were doing exactly the same thing. In all, the video and actions of the police were entirely unjustified in my opinion. They had no justifiable reason or warrant to do what they did. In the end, they arrested the occupants after terrorizing them and threatening their lives. Charges were dropped afterwards. I don’t know if the occupants sued.
Once at about three AM, the dispatch officer from the Cobb County police called my home and asked me if I owned such and such car. She said that two policemen were outside my home and were looking for a runaway. I told them that car was sold to my brother in law across the road and they went away.
They were smart to call-ahead. I don’t get up in the middle of the night to answer the door without a 12 gauge and my 45.
And then, after they’ve figured out that they invaded the wrong house, they can laughingly point to the busted door and tell the frightened elderly couple, “You’d better get that fixed.”
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