Do I have to open the door to police knocking without a warrant? What California law says
When unannounced guests arrive knocking at your door, you are not obligated to open the door — but what if those guests are law enforcement officials?
Do you legally have to open the door to a California police officer if they knock?
Here’s what you should know:
Do you have to open your door to California police?
Officer Cody Tapley, a spokesperson for the Sacramento Police Department, said you have the right to be secure in your home under the Fourth Amendment, even when it comes to police business.
The Fourth Amendment protects “the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.”
“You are not required to answer the door when the police knock,” Tapley said in an email to The Bee.
Sharon Bear, a spokesperson for the Modesto Police Department, reiterated Tapley’s answer: “The police don’t just randomly go knocking on doors. So it begs the question, why are they there?”
There are numerous reasons why police show up to your door unannounced, such as to notify you of a neighborhood issue or possible relation to a crime, Bear said.
If you choose to open the door to law enforcement, Bear said you are not required to answer any of their questions if they do not have a warrant.
You are only required to open the door to police if they have an arrest or search warrant for you or the residence, Bear said.
California’s knock and notice rule
If an officer has a search warrant, police are required to inform the resident of their presence and their purpose before entering, according to California’s knock and notice rule.
To comply with the knock and notice rule, police officers have to knock on the door, announce they are law enforcement and give residents reasonable time to open the door.
Tapley said there are exceptions where you are required to open the door to police, including when they have a warrant, during exigent circumstances and if you are on parole or probation.
If a person is on probation or parole, California law states police can search them or their property without a warrant if police have reason to believe the person is engaged in criminal activity.
And “Under these circumstances, you are required to open the door,” Tapley wrote.
“Exigent circumstances” include when the police have to prevent possible danger to someone, prevent the destruction of evidence in a crime, or during the escape of a fleeing suspect.
“Our officers conduct Knock and Notice when serving warrants unless there are exigent circumstances where/when it would not be feasible,” Tapley wrote.
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