I literally just got off the phone with a client, and the police were at her door. She was rattled; it was a bad day. She didn’t want to talk to the police. They told her they did not have a warrant; they “just wanted to talk to her.” The officers were persistent, knocking at her door and peeking in the windows. There were three of them, all in unmarked cars in front of their home. She was panicked, scared, and embarrassed; frankly, the officers knew it; they counted on it. They wanted to talk to her, and they were not going to stop persisting.
She called me wondering what to do. I could hear them knocking on her bedroom window. I advised her that she was not legally obligated to speak with the police. She can and should invoke her fifth amendment right to remain silent and does not need to answer questions, even if they had a warrant for her arrest.
I advised her to go to the door and ask them if they had a warrant. If they informed her that they did have a warrant, I told her to have them press it up against the door so she could read it or put it under the door. But likely, if they had a warrant, they would’ve already entered the home forcibly.
She asked them if they had a warrant. They said no, they just wanted to talk with her. Mind you, this is after they peeked through the windows, knocked on them, went around the house, and checked to see if the doors were locked.
Then, based on my advice, she told them that she was invoking her fifth amendment right to remain silent and that they needed to leave. Which, at that point, they did.
Knocking at the door to try to talk to someone or “knock and talk” is a legitimate police technique. Often officers don’t have the “probable cause” they need to obtain a warrant, so they rely on the fact that people generally try to cooperate with police and don’t know their rights. Officers knock at the door in an effort to try to talk and further their investigation. They additionally rely on the fact that most people charged with a crime tend to incriminate themselves when speaking with the police. Officers also know that people are intimidated by them and often answer their questions even when it’s not in their best interest. Police will use intimidating tones, words, and threats to entice individuals to speak with them.
They use this technique because it works. Most citizens want to cooperate and don’t want to make it look like they’re guilty by not speaking with an officer or simply don’t know they can refuse to talk. Therefore, because people are intimidated, don’t know their rights, or don’t want to say no, they will give crucial evidence that will be used against them, consent to a search when they don’t have an obligation to do so, and create the situation, which is much worse than what it was when the officer first arrived.
The “knock and talk” technique is often an effort to avoid the requirement for a warrant. So, officers will try to convince an individual to talk, allow a search, or peek through open doors or windows to see unlawful activity in order to gain probable cause.
If the police show up at your home, it’s essential to remain calm and handle the situation appropriately. Here are some steps that I might advise you to take:
- Stay calm: Feeling anxious or overwhelmed is natural, but remaining composed is important. Take a deep breath and maintain a polite demeanor throughout the encounter. But remain silent and let them know you’re invoking your fifth amendment right to remain silent and are not speaking with them.
- Ask for identification: Politely request the officers to identify themselves by showing their badges or official identification. This will help ensure that they are legitimate law enforcement personnel. And if you choose to interact with them and step outside your home, make sure you close the door behind you.
- Cooperate but exercise your rights: While it’s critical to cooperate with the police, remember that you have certain constitutional rights. You can politely ask the reason for their visit and whether you are being detained or if you are free to leave, but the safest thing to do is remain silent and tell them that you are not going to speak with them and that you are invoking the fifth amendment right to remain silent.
- Refrain from self-incrimination: It’s crucial to be mindful of what you say. You have the right to remain silent, and it’s generally advisable to exercise this right until you have legal representation present–call your lawyer.
- Document the encounter: If possible, take note of the officers’ names, badge numbers, and any other relevant details. If you have a smartphone or a camera nearby, discreetly take photos or videos of the encounter.
- Seek legal advice: Consult with a lawyer as soon as possible after the encounter. They will guide you through the legal process, analyze your situation, and provide you with the best course of action.
Remember, this response is just a general guide and should not substitute for actual legal advice.
If they came once, they’d likely come again, so get with your attorney and discuss any potential legal issues. Also, let your attorney speak on your behalf so that you don’t incriminate yourself. Absolutely remain silent and don’t answer questions.
