So if authorities don't have to knock before entering our houses,..?

Question

like the courts have ruled, how can you sleep at night?

Don't give me that just don't break the law crap, what if something in your house was unlawful and you didn't know it?

http://www.allheadlinenews.com/articles/7003922759

Answer 1

They do have to knock. It's called Knock and Announce. I sleep fine.

Answer 2

I imagine you are talking about Hudson v. Michigan. The US Supreme Court did NOT say that the police could enter without knocking, they said that if the police acted illegally in such a manner it would not necessarily require suppression of evidence absent a link between the illegal conduct and the discovery of the evidence. The police can, however, enter without knocking if there are "exigent circumstances" such as immediate danger to someone, or imminent destruction of evidence.

ADD: Just to correct some errors. The knock-notice requirement applies even with a warrant. If the police have a warrant, it is correct that they can search only for the items named, but if they lawfully find other contraband they can seize it without getting another warrant. A police officer who enters without a warrant is not necessarily trespassing, so don't shoot him. You are not usually responsible for things kept in your home without your knowledge, though the question of your knowledge may be an issue.

ADD2: I checked our your link, and I see why you were concerned. That news article got it completely wrong. The US Supreme Court did NOT say it was OK to enter without knocking. The case concerned ONLY whether suppression was required, and they found that, under the circumstances of that case, it was not.

Answer 3

The reason why the police sometimes "knock" on your door before entering is to let you know who is there. It is in case the fool that answered that he would just start blasting and ask questions later. He would end up dead or in prison for sure.

The police can kick in your door all day long, if they have a proper warrant or proper probable cause to enter the house. If they are going to be kicking in the door or anything like that they will be yelling "police" or something like that to identifiy who they are. So if you decide to be like that other moron and start opening fire on someone that is identifying themsleves as the police, you deserve to go to prison or fry like the rest of them.

Also, if you have something in your house that is unlawful, you will know it. Unless someone brought it in there and didn't let you know, then you know what is lawful to have and what isn't. If it truely isn't yours, then it will come out in a trial and you won't got to jail.

Answer 4

Well , They can enter unannounced only if they have a warrant, which is a public document, so if you're nervous you can look it up. If there was something unlawful in your house that you didn't know about, odds are they won't know about it either. Authorities cannot go around breaking into just anyone's house, you do have to get a warrant and that requires probable cause from sworn witness in front of a judge. It's not easy, so it's not likely that they'll swear out a warrant without a good deal of evidence.

If they do break in, ask them if they have a warrant. If not, ask them to leave, and technically they're trespassing and you could even shoot them. Don't do that. Ask them to leave, and if they do not, wait for them to leave on their own then file a suit. You have rights, and they are legally obliged to respect them.

Answer 5

As long as they have a warrant, they can enter your house. Also, if there are exexgent cicumstance (for example, if they here you yelling out for help, they can enter without a warrant or knocking). Once in the house, on a search warrant, they can only search for the item(s) listed, if they discover anything else illegal not on the warrant, they have to get another warrant for what they discovered.

As for your second question, if its your residence, your responsible for what is inside. If someone stashed a bag of cocaine in your house with out you knowing, you are responsible for the drugs.

An officer has to be justified when entering.

Answer 6

I agree if someone enters your house without knocking and anoucing themselves as police you are allowed to shoot them in self defence. however you have to be able to prove in a court of law that they did not announce themselves a police.the best thing to do is to fortify your doors so tht you cannot be taken by surprise. by a 250 pound ram and reinforce your door until it takes at least 3 hits to get it open, also seal and alarm all of your windows, don't forget to dig a ditch around your house to keep the tanks away, oh and fill it with gasoline that you can ignite with a moments notice.

Answer 7

They need to have probable cause (enough proof) to enter and they should have a search warrant. A long time ago( 30 yrs) we had entered a house but it was an"EMERGENCY"( a true emergency) w/o knocking. You really need to discuss this with someone that is an attorney.

Answer 8

I guess the best thing for you to do is set the claymores on the inside of your house and sleep in the neighbors house so you won't get the **** blown out of you when the cops barge in.

Answer 9

I have never not once heard the cops can come into your home without knocking. I think you might be a special case because of your criminal record perhaps but that does not apply to the general public.

Answer 10

I keep a small arsenal near my bed and I rather have a shoot out with redneck cops than live in a country where my civil rights are abused. It is your duty as an American to protect your home from all enemies foreign and domestic. If somebody kicks in your door start blasting and ask questions later just like they do.