What Are My Rights With the Police? (With Cops at My Door)
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- Опубліковано 15 лип 2024
- What are your rights with the police (with cops at your door)? You can visit www.gustitislaw.com for more information about your rights with cops at your house and defending criminal cases in Bryan-College Station, Texas. Follow us on Instagram: / sgustitis
This video covers your right to remain silent and your right to refuse to consent to search with cops at the door.
Other Videos in this Series:
What are your rights with police when you get pulled over? ( • What Are My Rights Wit... )
What are your rights with police after getting arrested? ( • What Are My Rights Wit... )
What are your rights with police if you are stopped for questioning? ( • What Are My Rights Wit... )
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About This Video:
In this video, Stephen Gustitis answers the question what are my rights with the police with cops at the door. He explains your right to remain silent and don't consent to searches! Steve is a Texas Board Certified Criminal Defense Attorney practicing in Bryan-College Station, Texas. He has more than 27 years of experience in the field of criminal law and criminal defense in Brazos County and surrounding areas. His videos cover a wide range of the best defense tactics and defense strategies. #knowyourrights #gustitislaw #whataremyrightswithpolice
I have seen SO many videos about warantless searches and crooked cops, it makes me want to remain hidden and silent for life!
No can do! Just know your rights and stay out of trouble. Thanks for commenting.
Bullies need to be Faced and Stopped in their tracks Regardless of Consequence. As for me I learned the Law and don't gave to Fear it. And Leave Criminals alone Don't befriend them.
@@lamonthamilton667 Absolutely! You take the fear away and that removes the power. It’s a system that only works because of fear.
@@Angels.Aliens Thanks for contributing to this thread, gentlemen.
@@GustitisLaw lawyers are so robotic in their replies lol.gotta love it.
Clear concise direct and to-the-point information that every law-abiding US citizen should know
Thank you for your kid words. I am glad to provide important and helpful information to my viewers. Never hesitate to ask a question if you'd like.
"Law abiding" is nothing to be proud of in this day and age.
Not everyone got it lik that, so if I don't understand why or what. Does that mean I have none..... Really if som1 ,is kidnapping u and they act as if they have a authority that should not be there. Fone actin up
Lov n respect
Remember people: extra long support screws in your deadbolt fasteners, steel frame and reinforced door moldings and metal door and or gate behind/in front of your main door. , Make sure that people can only see or hear anyone or anything in your house unless you make it that way by opening blinds or windows, keep a camera system watching all the areas of your property and entrances, preferably get a large dog that alerts to people approaching your property because not only do they have fantastic sight smell and hearing they have a keen sense of loyalty and protection for their companions and family. And arm yourself!
I appreciate your visit to my Channel. What do you think about the new DHS "Disinformation Governance Board?" Does it sound like 1984 to you?
You and I could get along JUUUUUST FINE!!!..... We have the SAME thoughts on family and self protections!!
@@GustitisLawwhat exactly does it entail?
As a matter of fact you don't even have to answer the door to the police or anyone knocking at your door. If they have a warrant to forcibly entry into your home they will do it no matter what.
That is correct!
If they end up at my rural western Kentucky door they're going to have to wait because I built my home like a fortress. Steel banded oak doors with red iron jambs and window sills. The first floor windows sport tempered safety glass and my locks are industrial grade. The first floor is constructed with rebarred PFC and doors can be braced for added security. A town near me was hit hard by a tornado some years back resulting in several casualties and this was my main motivation when building it. At the end of the day If my doors are locked you're not getting in without permission or an APC with a battering ram and time to spare.
Sounds impressive!
@@GustitisLaw you'd never know it was a fortress just by looking at it. The credit mostly goes to my brother who's a contractor.
3% Neanderthal.....can I come live with you? I'm a 71 year old peaceful little lady who has a horror story about cops!
Sounds like many homes in Berlin Germany, the government wants all homes well weatherproof, 3 ply window pain, cement bunker homes, what we in America should do. Concrete is cheap, building houses out of sticks and particle board is garbage, and they charge you 500k for these "twig" homes
@@daughterbeloved9901 we all a story or two when it comes to the police. Hang in there, ma'am.
The most important part I've learned is always have a lawyer on hand
Good advice. In the meantime, keep your mouth shut and remain silent.
Right. I have one that sleeps at my home on a regular basis.
Easy and simple... Dont answer the door
Most people don’t know that easy and simple rule. Thanks for visiting!
@@GustitisLaw I know it's true to not answer the door but I have had cops pound the hell out of my door for over 10 minutes.
@@OJCHIMPSON Then let them bang. If they had a warrant, they would have kicked the door down before 10 minutes.
In nicer neighborhoods police know that them showing up is embarrassing
so they use that and assume people will just comply to get it over with
Law enforcement preys on people who just wanna comply to end the conflict
@@hugh2hoob668 Thanks for your comment!
Easy way to remember is police are like Vampires
Once you let em in that's on you lol
Thanks for commenting?
The best advice is to not answer the door. They will assume you're not home and if they need to speak with you they will leave their card. Speak with your attorney.
I really appreciate you thank you for making this channel. I was followed home by an officer that had a previous encounter with the owner of the vehicle I was driving. He didn't turn on lights or sirens just followed me. He said he followed me because he didn't recognize me and I wasn't the owner of the vehicle. I have a son with the owner. I showed him my license to prove I lived where I was parked. he still proceeded to ask me questions and would not leave me alone until I got out of the vehicle. he says because it smelled of weed and it was bothering his head to talk throughthewindow. I did not believe it because no one was smoking. I eventually got out for his sake even though I thought he had no reason to even follow me and I felt uncomfortable. He treated me as if I was the owner of the vehicle and had done what he did regarding their previous encounterwith each other. Immediately after I got out he tried to search my pockets for weapons he said even though I have no criminal record whatsoever especially a violent one. I denied him more than once because I believed it was against my 4th amendment right. He said I was under arrest. I was arrested and held in jail for 15 hours because they treated me like I had a dui even though I passed a breathalyzer test and multiple other tests. And I thought it takes 12 hours to sober up. The arrest was illegal and he took the key of the vehicle and a pipe that fell from my pocket while I was being arrested. I am being charged with interfering with a peace officer. What is the best thing for me to do. I plead not guilty. Thank you!
I think another important factor is that he only followed me for about 30 meters. He was stopped on the street right next to mine so he wasn't following long at all
Unfortunately, it is perfectly legal for a cop to follow you. If you are out driving on a public roadway, they can follow you all they want. Your best approach in this case is to hire a criminal defense attorney. They will review all the evidence in the case and give you advice about how to best defend it. They will review the initial stop, the detention, the searches, and any seizures made by the police. Also, make sure you REMAIN SILENT about the facts of your case. Discuss the facts ONLY with your defense attorney.
Fantastic advice !!! Never answer / open the door if the police knock on your door. Do not talk to the police from behind your door. They will have the 911 operator call your home phone, do not answer those calls. Its your civil right to not talk to the police, even if you witnessed something awful.
Thanks for visiting a leaving a good comment!
Even today not every raid is recorded; let alone three years ago when this video was made. I'd like my lawyer to know many PDs still lack body cameras and a dash cam is worthless in this scenario.
In Texas, body cameras are not required by law, but only by police department policy. Your state may differ.
looking forward to more of your videos.
Thanks for taking time to record this video
You are very welcomed!
Where I live, Europe, the Netherlands Police officers tend to copy the absurd and totally over the top behaviour we witness from the YT channels and others so, hopefully this will set the tone for our Law Enforcing barkers, thanks for producing great advice, I was harassed buy those guys and detained for over two hours they where in unmarked vehicles late at night doing more then 70mph in the city without any (!) lights on and came in on me as if I had broke the law, which one has never been made clear but they took it even so far that they 'THOUGHT' I was breaking the law, huh, ftb, eventually all turned out in my favour but I never trust a cop again, keep posting educational information to the web and the public, thx 👌👍💪
You are very welcome. I'm glad I was able to help you.
What can I do after law enforcement forcibly entered my home and searched it, alleging they had knocked, announced, and demanded entry citing a felony arrest warrant provides the justification for and permits the use of force?
Being removed from my homes front entry, I never heard anyone knock, request, or demand entry, didn't consent to any entry or any search, and the subject named in the arrest warrant wasn't, and never has been, a resident of, nor been given permission to enter my home or property. Immediately upon forcing entry into my home, several officers rushed toward my bedroom with handguns and rifles drawn and aimed at me as several more proceeded into other parts of my home. Despite being injured at the time, and directed by my physician to remain sedentary; I was rushed by several officers, violently pulled from my bed, placed in handcuffs, dragged from my bedroom, and roughly deposited onto my living room floor - dressed only in my underwear and a tank-top, left in the view of dozens of officers, both male and female, of my neighbors, and of any passers-by.
Throughout the encounter, multiple officers yelled conflicting commands and confusing questions at me; without explanation or clarification. They demanded my identification, queried who else was in my home, repeatedly asked where someone referred to as "He" was, accusingly questioned why I hadn't come to the door, and told me they could arrest me for that. About 20 minutes after making entry, several officers came from the back of my residence with a male suspect. I recognized him as a former romantic partner of my adult daughter, but was shocked and puzzled that he'd been inside my house because I didn't give him access and he'd never been welcome at the property due to his violent history. He was searched by a couple officers; who removed a wallet and change totaling $6.75 from him, leaving them on the entry table in my living room, then taken outside to a waiting patrol vehicle. Even after apprehending the suspect, a male Sargent continued interrogating me, while another officer went back into my bedroom, under the guise of retrieving my wallet and identification from plain sight on my bedside table. While in the bedroom, the officer dumped a large file binder of business papers across the room and poured a beverage onto a surge-protection device several feet away, subsequently damaging it and the computer attached; then returned with a bank card from the aforementioned binder, instead of with the wallet.
When I attempted to explain that I have mobility issues because of a preexisting injury, that I didn't know the suspect was inside, that I hadn't heard them knocking, and questioned their authority to be in my home; I was mocked and belittled, questioned about private medical information and diagnostics relating to injuries, told I was lying about injuries, exaggerating ambulatory ability, chastised that I must've heard them, that I misrepresented knowing about the suspect's presence, told that their authority is the felony arrest warrant with the exigency of 'hot pursuit, and repeatedly threatened with arrest on a multitude of both misdemeanor, and felony criminal charges. At one point, a Lieutenant suggested to the Sargent to have medical assess whether I could be taken into custody with the injuries I claimed; however, nobody from medical ever came inside or performed an assessment. Around 20 minutes after seizing the suspect, I was dragged back to my bedroom, by the Lieutenant and a female officer, the handcuffs were removed, and everyone just left my home without any explanation.
A month later, law enforcement returned to my home to arrest me on one felony offense charge, alleging I attempted to "Hinder the apprehension and prosecution of a known felon"; though all charges originally linked to the subject's arrest warrant were dismissed by the prosecution before they were leveled against me by law enforcement - absent the issuance of any grand jury or prosecutors indictment. Additionally, I've got more than $1k in damages to my home and over $5k of legal defense expenses, thus far, and the case hasn't even completed disposition.
Please discuss a motion to suppress evidence with your defense lawyer. They are in the best possible position to give you advice since they have access to both the law and evidence applicable to the case.
@@GustitisLaw Do I have any legal means to defend myself when the police break in to my home as in the above example? Quite frankly, at that point I would be in fear of my life.
Plain and simple. You don't answer the door. If they want to talk to you bad enough the locked door won't deter them. If they do break down the door, you still have no obligation to talk to them.
Remember the one important part of your Miranda Rights. "Will be used against you"
They will not break down the door without a warrant.
I wish there was a lawyer that could make Canadian law easier to understand or better what are my rights under Canadian law. Great job.
Thank you for your kind words!
GUSTITS LAW ALWAYS ROCKS A YOUNG Man getting into the criminal justice system takes this very seriously and is very blessed to have gustis law and his teachings!!!!
Thank you so much for your kind words.
Congratulations on your "Your Rights When The Police Come To Your Door" inspirational thanks for sharing. Morine, Graham, Donald, Michelle, Myola, Stewart, Rommel, Emma❤💛💚💌
My pleasure!
Gustatis Law . I liked all your videos and subscribed and shared your videos. THANK YOU so much Sir.
Thanks and welcome!
Outstanding TROOP HOLD THE LINE OF FREEDOM INTEGRITY JUSTICE TRUTH AND HONOR
What's your point, Pastor Bill??
Thank you for the info
Any time!
Cool calm and collected.
Another great comment!
You are doing the Lord's work friend. Very informative and succinct. Subscribed!
Thank you very much!
I've heard that cops many times make up exigent circumstances, like 'I heard a child screaming, or I smelled marijuana.'
That is certainly possible. No doubt.
Thank you sir !
Most welcome!
Do you have a video on how to deal with off-duty police officers? Is their authority more limited off the clock depending on their department policy?
A licensed peace officer has exactly the same power and authority whether off or on duty. Good question.
@@GustitisLaw Here's a video you should watch that's related to off-duty police and their authority. Tell me what would you do to this state trooper who took it a little too far. It's called Trooper Detains Bikers while off-duty
@@GustitisLaw As true as that is, I would think that it would be considered contemptuous for an off duty officer to be doing official police work. I would think it would be questionable behavior in deposition. I recall a case where an officer was accused of sexually assaulting women while off duty, using his authority in an abusive manor. The department should have protocols for what is considered normal operating procedures, and for a good reason.
@@razvandobos9759 - So Where Is The Link To The Video?
@@cavscout62 He told you the literal actual name of the video. you got fingers. Jesus.
Thanks for the info
You are very welcome.
Back in 2013 austin pd kicked down my door in the dead of night because some neighbor said lost my daughter.
I showed them my daughter was asleep in her room and they never apologized, never fixed the door. The went through my kitchen to make sure i had food for her (to which i did) then they chastised me, even though i literally was asleep.
Just wondering does that apply to them coming onto your property another, words such as your yard front or back?
Can you please be more specific? What do you mean by "does that apply?" Thanks.
@@GustitisLaw another words if I'm outside in my yard either mowing the lawn or doing whatever do they have the right to come onto my property to question me?
@@garyvoll4103 Never challenge the police about what they can or cannot do . . . simply keep your mouth shut AT ALL TIMES and NEVER communicate with them in any way, shape, or form.
What if barge in and won't leave and then throw you to the floor and cuffed you, also they won't show you the warrant they claim to have?
Just keep your mouth shut and let your attorney sort out the legal issues involved.
All authority figures will use threats to get their way
Even in relationships that's a red flag "well if you don't then I'll do blank"
They can manipulate you to get you to do things they want.
@@GustitisLaw Boy did I just learn that the hard way !! A civilian called me and working off a police script, got me to answer a certain way. But being a non-criminal, I was simply talking. "Do you think I am attractive ?" Becomes an admission of BEING attracted to
her !! What was I going to say ?? "No, you are too fat" ?
@@stevejette2329 Hire a defense lawyer right away to review this case. In the meantime, remain silent.
Yeah well when they threaten you sometimes that is cohesion too. They also sometimes claim you say things you didn't all cops should have to record all interactions if retail stores need constant surveillance cops sure should.
I'll give you an instance that happened back in 2018. The doorbell rang and there was a pounding, (not a knock), on the front door. (My front has a steel screen door, that requires a key to open from the outside and a knob on the inside, it latches secure when closed, and I can slide three bolts into the framework so it cannot be jerked open without a winch. My inner is just as secured.) I checked my security cams and there are two officers outside. I opened the door, although I could have just used the intercom, they asked if I would open the screen door so we could "have a conversation". I laughed and said no. Officer Dingus, (not real name) asked why. I said two reasons: 1. I do not want flies and bugs to come in here. "Well, you can step outside and close the door." . "I am not stepping outside, because I can see and hear you fine. If you are having problems hearing or seeing me, go to doctor and get checked out." Second reason I will not open my screen door is I do not want your fat hoofs holding it open. This is followed by the "multiple cop speak" "We received a call about a loud argument." Sorry, I live alone no wife, no kids, no room mates, and all my neighbors know this. "This is a welfare check", Well, here I am and I am fine. My tablet chirped, and I looked at, and showed it to the 2 at the door, and told them to let the third idiot know, that the security gate he is attempting to try to open is just a secure as this one. That's when they looked around and seen the the other 4 cameras. I said "Yup, as soon as you stepped onto the property passed a certain point they activated." I advised them since they had no legitimate reason to be here, they could leave, and shut the door. They talked at the end of the walk for about 5 minutes, and officer Dufus started towards the door. I went over the intercom and told them I have nothing further to say, and they could talk to my lawyer, and to get off the property. Never did find out what they really wanted, and the police dept. said they had no calls about my address or any address out there. My closest neighbor? 1/4 mile in either direction away. I have security gates for the backyard because of installing a pool and hot tub for insurance purposes.
Your entire comment DID NOT come through. Is there anyway to easily repeat the comment?
@@GustitisLaw I'll give you an instance that happened back in 2018. The doorbell rang and there was a pounding, (not a knock), on the front door. (My front has a steel screen door, that requires a key to open from the outside and a knob on the inside, it latches secure when closed, and I can slide three bolts into the framework so it cannot be jerked open without a winch. My inner is just as secured.) I checked my security cams and there are two officers outside. I opened the door, although I could have just used the intercom, they asked if I would open the screen door so we could "have a conversation". I laughed and said no. Officer Dingus, (not real name) asked why. I said two reasons: 1. I do not want flies and bugs to come in here. "Well, you can step outside and close the door." . "I am not stepping outside, because I can see and hear you fine. If you are having problems hearing or seeing me, go to doctor and get checked out." Second reason I will not open my screen door is I do not want your fat hoofs holding it open. This is followed by the "multiple cop speak" "We received a call about a loud argument." Sorry, I live alone no wife, no kids, no room mates, and all my neighbors know this.
"This is a welfare check", Well, here I am and I am fine. My tablet chirped, and I looked at, and showed it to the 2 at the door, and told them to let the third idiot know, that the security gate he is attempting to try to open is just a secure as this one. That's when they looked around and seen the the other 4 cameras. I said "Yup, as soon as you stepped onto the property passed a certain point they activated." I advised them since they had no legitimate reason to be here, they could leave, and shut the door. They talked at the end of the walk for about 5 minutes, and officer Dufus started towards the door. I went over the intercom and told them I have nothing further to say, and they could talk to my lawyer, and to get off the property. Never did find out what they really wanted, and the police dept. said they had no calls about my address or any address out there. My closest neighbor? 1/4 mile in either direction away. I have security gates for the backyard because of installing a pool and hot tub for insurance purposes.
@@mchristiansen137 What did your criminal defense attorney say about this situation?
@@mchristiansen137 What does your criminal defense attorney say about this situation?
I had 3 cops come to my house and ask me for my name I asked them for what ? They said we can’t tell you that and continued to ask me for my name .. I told them search up the address and find out who the owner is that’s me and closed the door and locked it😂🤷🏽♂️ I’m not no criminal but that day always stood in my mind
Question, if I ask for attorney when the cops are at the door, do the cops have to summon a public defender to appear at my door to provide counsel for me?
No, they do not.
Thank you for your time, I 9inches do appreciate the legal advice
Glad to help! I appreciate your visit.
Someone has filed assault charges on me and the police have pounded on my door twice now at 1:45 am five days apart. I’m certain if I open they will arrest me. Why haven’t they just called me or stopped by during the day?
Also the person who filed the charges was intoxicated at the time and now wants to drop them. Do you think I have a chance of no jail on this?
@@peterpratsch7223 My understanding is that they can only enter the house with a search warrant. With an arrest warrant alone, they can't enter the property to make the arrest UNLESS the person named on the warrant is the owner of the property or the lessee. What they want is to get you outside, so they can arrest you. My guess is they don't know what you look like, so they bang on the door at night figuring you will answer the door. Simple answer: buy some ear plugs or noise blocking headphones so they don't disturb your sleep, and if ever approached by the police, if they say anything, just say, "I don't talk to police and if you are going to talk to me, I want to speak to a lawyer." Most police are deaf so you'll have to repeat that, probably several times.
What if they have probable cause? A friend of mine had her vehicle searched and they said they smelled something? I said she should never let them search her vehicle without a warrant and she said they had probable cause. Is that enough for them to search your vehicle or do you tell them you do not consent, just wondering
That is probable cause to search. They don’t need consent to search.
@@GustitisLaw thank you ... I was just wondering. .. Huggs Huggs Huggs
This applies only to the USA, not Canada.
Is their any exception to the trespass law I live in Kentucky or does apply to everybody please let me know thank you
I'm sorry, but since I don't practice is Kentucky I have no idea. Have you checked with an attorney there?
Great content!
Thanks, Don!
Yes, good info, I just found and subscribed to your channel a few hours ago and I don't know if you have time to respond to comments but I'm currently in a debate concerning using a firearm in a self defense situation, I feel like it would be your best choice as far court proceedings go to use factory loaded Ammunition vs using hand loaded Ammunition, Thank you in advance for your consideration.
It's not the ammunition that matters, it's the use of deadly force that makes the case. I think ammunition is ammunition.
@@GustitisLaw Thank You Sir For The Prompt Reply.
Of course!
great tips
Thanks for stopping by and watching. I enjoy creating videos for my subscribers!
I would like to know after months and don't get preliminary hearing what to do 6 months
Your defense attorney should help you answer that question. Good luck.
I had the police just walk into my home. One morning I was walking in my hallway and all of a sudden cops were inside. No one answered the door, no one let them in.
It also happened again the very next day. 2 officers walked inside of my home, no knocking or anything, asking if one of them had left their gloves there from the previous day.
Did they seize any evidence being used against you?
@@GustitisLaw
They were looking for my boyfriend (who was there and they did arrest) To answer your question though, I'm not sure as to what they did/didn't seize. It's all been very odd.
Also the investigator was beyond flirting, making foul comments, hugging/touching me and so on. It was absolutely inappropriate.
@@GustitisLaw
Sorry, this has all happened recently. I'm trying to educate myself and make sense of it.
I’m sorry this had been so upsetting. Let the defense lawyer handle the situation. In the meantime, take the lawyer’s lead on where to go from here.
How about keeping your doors locked?
Also I have seen a video about bounty hunters going into a person's house searching for somebody who slipped bail, shoved the house holder out of the way, had the police waiting on the porch take that person outside and gard them unroll the bounty hunters came back out. Do they have the same rights as cops do?
If the bounty hunters were acting as an agent of the state, their conduct would be evaluated the same way a cop's conduct would. Just because the cops are on the porch does not necessarily mean they are acting as agents since they have a finally interest in the case. The bonding company hired these bounty hunters to find the person.
Shoot the assholes period
You say that you can always choose just not to open the door, then what happens if police came to your house for a noise complaint and you didn't answer the door?
How is the person inside supposed to know to turn the volume down?
The police will wait outside until someone comes out if no one opens the door.
In some states you are required to identify yourself in certain circumstances; in Texas 38.02, you are required to identify after you've been lawfully arrested. So remaining completely silent and saying nothing at all could lead to further problems, if you refuse to identify in one of those situations where you are legally required to do so. Also, I've been told that simply remaining silent under questioning is not enough, that you must actively invoke your right to remain silent (and then stop talking). Thoughts on this?
In Texas, if you are legal detained (not arrested) you must identify yourself. What I've been saying for years, why should anyone be afraid to identify themselves? How does that incriminate anyone? The need to actually "invoke" one's right to silence is lost on the general public. Nobody would remember that. But they do remember to keep their mouth shut. The point being is this: if a person who is breaking the law keeps their mouth shut, they provide NO evidence to the police that might incriminate themselves. So what if the prosecutor can comment on the silence. There are a thousand reasons why someone would not want to answer cop questions, and only one of them involves consciousness of guilt.
Video starts at 1:05
I believe the video starts at 00:00.
Sorry, I suppose I meant to say "useful content starts at" but I didnt want to be rude. Time is the most precious resource and i was attempting to save many people from 1 minute and 5 seconds of fluff.
That’s ok. Hopefully, new viewers can save that extra minute!
You may wish to elaborate on the 'plain view' doctrine. It certainly has gray areas.
Thanks and good video.
Sure. First, the police must be legally where they are when they make the observation. Next, if they observe contraband or evidence of a crime in plain view, they can seize it and continue their search.
@@GustitisLaw Thank you. I was hoping it could be clarified. Maybe it will help others to be streetwise. I'm not supportive of breaking the law and that includes overreach by LE.
Thank you again.
Make sure you invoke your 5th Amendment protections by verbalizing that you don't answer questions and/or that you're invoking your 5th Amendment rights. There is a loophole that if you've started talking to them and just go silent, that silence can be used against you. So, it is best to verbalize your 5th protections in all interactions.
Good point. But people usually keep talking once they start.
Great..👍
Thanks for visiting!
It all depends on what kind of warrent.
Can you elucidate on this point?
Curious to know; What Country do you think has the best Legal System in the world? Thanks in advance.
Since I know only the U.S., I'd say the U.S.
Does this advice apply to all states? And what about other countries, ..... for those who know there are such places?
All U.S. must follow U.S. Constitutional provisions. States are free to develop their own standards provided they don't go below those established by the U.S. Supreme Court.
What are the exceptions for warrantless searches?
The biggest exception you might run into is the search of automobiles. A search warrant is not required provided the police have probable cause. Consent is also a common way for the police to eliminate the warrant and probable cause issues.
In college I lived at a fraternity house one year and the police got a warrant to search one room. Not my room and as soon as they started looking in open doors they start trying to enter. As soon as they got there I called my moms best friend and he said claim 4th amendment and they aren’t allowed to go in yours or anyone else’s not on the warrant.
The warrant deals with the 4th Amendment problem. The real issue is one of probable cause to search your room.
You are welcome, thank you for showing me the way. Also do you know of a law firm around N. Tucson/Catalina/Oro Valley area. Looking for one to have a retainer in case of this happening again. Or in family law pertaining to guardianship etc. Thanks
Not that I know of. I wish I could provide you more help, but I simply cannot. Thanks for asking, however.
Pray for the police, but never trust them. Remember they are not your friends. Thanks for the awesome video. Take care and stay safe out there.
Thank you for the support!
Does the state of MI require me to disclose if I have fire arms at my personal residents when question by an office who refused to identify himself (but showed up with a state policemen) the unidentified refered to them as weapons but all firearms on premises are lic. and legal.
I don’t know. I practice law in Texas. Asking a MI lawyer would be better.
Very well said.
Thank you for your kind words.
Does opening the door and speaking to them give consent for them to come in or do they still have to ask permission to enter?
Opening the door, by itself, is not permission. They need your consent or probable cause to enter.
* " REMAIN CALM & ABSOLUTELY IN CONTROL OF YOUR EMOTION AT ALL TIME. *
Sound advice.
Great job
Thank you for your kind words!
Man, I wish I had know this stuff back in 1995. Some of the little punks I hung around with sold me some weed, smoked some with me, then one left my apartment. Then he returned and said he was just checking for his wallet. Next thing I knew the cops were at my door one being plainclothes.They barged in, put everybody in handcuffs, then coerced me into letting them do a warrentless search on my place. When they asked for "permission" to do so they told me if I said no then they were going to bring in drug dogs and extra officers, so I better say yes. I didn't know in the slightest that police CANNOT force a "free" search on you using fear or other methods. The whole time the cops were there they were giggling and being rude to me, like this was a blast. At the jailhouse, my lawyer called what had happened a "highly suspicious search" About three weeks later all the charges were dropped. I then realized that when my "friend" left the apartment, he went to call the cops. Turned out that when I was gone on Thanksgiving vacation (this happened right after), these dudes got into some trouble with the law and the cops told them if they would help setup some of their "stupid friends" - that would include me - for busts, then they (the cops) would go easy on them legal-wise. In other words the whole thing was an entrapment. They cops weren't there to bust us, they were there to harass and bust me. Like I said, I wasn't in town when the deal between the cops and these little bastards took place. I just came back thinking everything is normal but it was really "hey look, our victim has arrived" instead. My lawyer later told me that this one one of the cops "fun busts" where they get to stomp over a person's rights, arrest them, take whatever they had on them, keep the bail money, then drop all the charges no matter how serious they are (to cover the cops tracks and to prevent any backlash) before moving on to the next clueless clod. I did learn one thing from this, when a cop shows up at your door out of the clear blue, like your advice says DON"T ANSWER! They are NOT there to talk, they are there to to throw you in jail. To this day this incident STILL pisses me off badly. If I had never opened the door, then maybe all of this would not have happened.
I appreciate your visit very much and I regret you experienced such a bad situation. Please make the best of your life going forward. Good luck to you and thanks again.
@@GustitisLaw Thank you.
If you are arrested outside your home can the police block entry to your home and deny anyone entry while they wait for a search warrant?
Yes, they can.
If the glove don't fit, ACQUIT! - Never talk to the police - the police are not your friends - they look for the first suspect they can nail a crime on - don't make yourself an easy target - Lawyer Up - Invoke your 4th and 5 the amendment rights if questioned.
Thanks for your good comment!
I was in the car with a friend new got pulled over For his tags. They took me out of the car End search me after I clearly said I do not consent to search or seizure Record date coming up. What should I do. What should I do?
Remain silent and obtain a qualified criminal defense lawyer immediately.
Does this apply in Canada aswell?
That's a good question. But since I am unfamiliar with Canadian law, I could not answer your question for sure.
Now, we need a how to find a lawyer quick when you suddenly discover you need one.
You don't need a lawyer quickly if you UNDERSTAND your rights and USE THEM at the appropriate moment.
I find this very interesting, awhile back a few cops broke into my apartment while I was working, the cops were scolded by the judge & everything was return back to me..
What did the police take from your apartment?
@@GustitisLaw My TV, Desktop Computer, a safe, a stereo, I got everything back
Is it ok to secretly record police streaming live to a friend s phone ?
What does your state law say about that activity?
@@GustitisLaw So as I know they can’t do it in Australia that I must say I appreciate you taking the time to respond the last thing I would like to ask you is if I can get hold of an app for the phone that records audio and video in Cognito and streams live to a friends phone so that it cannot be deleted is that okay
Does this apply to every state?
In every state you have the right to keep your mouth shut. It's in the United States Constitution. Thanks for visiting.
Hi, do these rights remain the same if you are renting a home or apartment? I appreciate your videos.
If you are renting then it still applies but there could be circumstances where a landlord might have access to your place. Also let's say you live in someone else's house. The person who owns the house and/or a parent can give police access to the home but let's say no one has free access to your room in the house and the room is locked. That situation would probably require a warrant.
Excellent advice. You sound like a lawyer yourself.
@@GustitisLaw let's just say my job required me to know what was allowed and what wasn't or someone like you would have a field day. Got to make you earn that retainer.
I filed a motion to suppress in a juvenile case. At the preliminary hearing, the judge proceeded into preliminary hearing after she stated that the motion to suppress will be heard later. I stated that the motion to suppress should be heard first since we are arguing that certain statement be excluded. I am in process of filing a motion to disqualify. Question: should the judge have heard the motion to suppress first, before proceeding into the preliminary? I filed because, I am arguing that the court is bias, it already heard the very statements we wanted suppressed. Am I on the right path? HELP!!
I have no idea. I am not familiar with the law in that state. I wish I could be of more assistance.
What if the Police are at your door without a warrant and when you try to close the door they put their foot in the door way?
It depends upon why they put their foot in the door. That is key question. Why did you open the door in the first place?
@@GustitisLaw just a hypothetical question. I seen a couple of videos online. Thanks for the response 👍
Sure!
I have a question what if you have a family member that is on supervised probation with search terms and live in a totally divided or separate room..can they come in detain and interagate everyone in the house until you tell them what they want to hear after threats of having children taken by CPS if I don't cooperate then arrested on a forced confusion
This question is too hypothetical for me to answer. Plus, the answer also depends upon the specific facts of the case which might support or not support the search. Without that information, it's impossible to speculate.
It was a probation compliance chech....according to CA. Probation searches by the probation officer in communication with home owners or family members the person on probation together figure out a plan to better subject..here they came in as if it was a raid and investigation but never explained what they were looking for or what the investigation was about. To my understanding they should only be looking for things in plane site but instead I was threatened taken out side in the rain with no shirt wearing thin basketball shorts and no shoes practically naked...I would ask for a jacket and they would say to wait or tell me to wait or say tell us where the weapon are we know you have some not until they mentioned my grand daughter about putting her outside in the rain and calling CPS is when I gave in and told where I kept my stash...to add insult to injury they wanted me to grab the weapons and pass'em ...I said No way so you guys can shoot me... and while I was pointing to the location I stepped on a board with a long nail sticking out had to go to E.R
I guess it's too late to ask police to leave after you're invited them in? That happened to me, and later I asked them to leave without a warrant. But they refused. Later they did get a search warrant. But were they right to refuse to leave when I asked them to? Thanks..
I don't know since I don't know what they knew at the time. Have your defense attorney read the police reports to find this out. Good luck and thanks for visiting.
1:23 is that true for all states??
A person's US Constitutional rights applies to all states.
We’re new in town and don’t have or know any Attorneys. How do I find a good affordable lawyer and what type lawyer might I need if police try to enter my home?
Unless the police have a warrant to enter your home or there are exigent circumstances which might be an exception to the warrant requirement, just tell the cops NO. You don't need a lawyer to do that, just education. Good luck. If you need a civil lawyer, Google is the best place to start your search.
How do you hire a lawyer if you’re arrested? I assume your in a cell with no ability to search for one.
Is there an advantage to not stepping outside of your house if the police ask you to?
That depends upon an infinite number of possible situations.
Steve, good stuff. Thanks . I wish Florida Lawyers would do these videos.
Me too!
What about your private business after hours? Same rules?
does this count in all countries like commonwealth countries, namely canada?
Unfortunately, I am not familiar with Canadian criminal or constitutional law.
If they do come in without a warrant, and there is no exigent circumstance, would the Castle Doctrine cover the homeowner's deadly force response?
Are you talking about killing the cops when they come into your house to serve a search warrant? Please note the "Castle Doctrine" does not protect the resident's use of deadly force in every potential situation. It simply does not require the resident to retreat before using deadly force. The use of deadly force must still be reasonable under the circumstances in which it was used.
@@GustitisLaw Without a warrant or exigencies. In other words, rogue, and abusing their badge.
@@MisterMikeTexas This is more-or-less the situation in the Brianna Taylor incident. Cops in plain clothes and a no-knock warrant went to the wrong address. They claim they announced they were police, neighbors said they did not. Taylor's boyfriend heard someone break in, grabbed his gun and when he saw an armed man break in he shot him. this started a firefight in which he was injured and put in a wheelchair, she was killed, they weren't even the people the police were looking for, and they even tried to prosecute the boyfriend for assaulting a police officer. Charges were later dropped, but the city is claiming it is immune from liability under "qualified immunity." So far, the court is rejecting that argument.
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That was helpful. Thanks.
They 4 fines on 4/1/2021 8 days later I got notice of violation with one violation and 30day to fix it the notic 4e of violation comes first but not in this case my 4th amendment
I don’t understand your question.
There are cops who place their feet inside the door blocking you from closing the door. How do I deal this situation?
Do nothing. Say nothing. Intimate nothing. The place to deal with this problem is in court, not out on the street.
@@GustitisLaw Thank you sir.
Fact checked… Gave you a like brother 🇺🇸🇺🇸🇺🇸
You're the man. I appreciate you!!
@@GustitisLaw Thanks Brother…☕️
Is there such a thing called indefinite 4th waiver
I have no idea what that is.
I do not open my door nor do I speak with them unless they produce a warrant. Somehow the cops always forget to have a copy of the warrant for the person being searched or arrested. An arrest warrant is not a search warrant. Don’t let them in.
Thanks very much for commenting on this thread!
Cops walked into a home I was watching for owners thru a back door. Dog had jumped fence. I was at supermarket 20 mins. Came back to find house all lit up and three police vehicles. I was planning a BBQ for friends. Had one whiskey & coke getting pool area ready. They arrested me for protesting to the bored neighbor who called about the dog. Residential area wide street no traffic 8:30 at nite. Held me for almost three hours and tested me till I blew a .09. Two DUI's ! No vehicle stop/pullover. I had objected to them entering the house. I had to call the owner (on vacation) for permission. 47 years of driving on both coasts. No arrests/DUI ever. No accidents or insurance claims. Heroes My Ass !!
Your defense attorney’s job is to sort through these facts and determine which ones affect the case and which ones don’t. Remain silent and speak ONLY to your lawyer about the case. This includes the Internet.
@@GustitisLaw My incident was in 2019. My Lawyer stood there and let me plead guilty to something we both know didnt happen ( no vehicle stop) Ex- girlfriend showed up to testify as a "concerned resident". Wasn't involved didnt live in town. Didnt want a public record of her slander. Killed me to plead to something that never happened. My lawyer made no attempt to have her removed minutes before my trial 😡
Don’t take this personally, but I’ve heard so many stories about defense lawyers “doing nothing.” All defense lawyers know they would be subject to writs for ineffective assistance of counsel which is so humiliating that I know of no lawyer willing to set themselves up for such a writ. Further, defendants always have a different view of the facts compared to the defense lawyer. Just because an accused person says something does not make it so. When a judge hears evidence of a plea bargain they are required to determine the facts support the plea and that the defendant’s plea is knowingly, voluntary, and competent. Somewhere along the way it becomes the defendant’s responsibility to say no, I want a trial and that is my decision. ONLY the defendant knows the true facts. The lawyer must make recommendations based on the evidence, not upon what the client says. If the defendant believes they are not guilty, it is their responsibility to say so, regardless of what the lawyer believes the evidence shows.
Not even 10 seconds in i know alot alot about this already and idky i do plus u didnt say much but cool!!
Thanks!
You should ask a random cop. Bet he wouldn't know!
He wouldn't know what? It only matters what the suspect knows and how to use it.
I guess I'm lucky, I went to high school with most cops in my area, I know them by first name.
That might come in handy sometime. My experience with cops, however, is they will always honor the oath they took when becoming a police officer. That means when choosing between you and their job, they will chose their job. Thanks again for commenting.
@@GustitisLaw They might honor the oath above me, but I also know their mothers, and I can promise you one thing, that oath means jack squat when mom gets upset!
@@sid2112 That's perceptive!
Sidney Fein, are you 9 years old???
@@Level-zb4jg hey don't project your mommy issues on me, pal.
How do you validate a warrant? Call the authority that signed it? Would the cops wait around for that to happen?
Do you mean how do you know the police really have a warrant? If that is your question, then it does not matter what you know or don't know. As long as you don't give consent, the cops must jump through the hoops to obtain admissible evidence. That problem is dealt with later, not when the police are on your doorstep.
how do that work, i let them in by opening the door but at the same time say i don't give consent? I suppose hand gestures doesn't count as speech, so point the way and remain silent?
So what if they show up to your door with a search warrant, are you still able to just not answer the door?
Sure, but they will break it down to serve the warrant.
@@GustitisLaw so what happens if they didn’t list all the stuff they took on the tabulation papers?
@@limitedtimeleft9366 Probably nothing. But that is a matter of your state law on the subject.
On tv, the cops say "you can answer questions here, or at the station". Can cops make you go to the station if you are not under arrest?
The cops will do whatever they want to do. It's your job to keep your mouth shut in the process.
@@GustitisLaw
I opened my door 🚪 to SWAT COPS and ran my mouth after a couple of beers. Thx for "shut your mouth" rule.
Should I act like a mime next time and use sign language or hide behind my door?
My neighbor has called Pigs 🐖 on me 8x's and she continues with cctv camera pointed at my front 🚪. Pls answer asap ,cops are on the way to my house 🏠 now June 9 2022
What happens if they come to your door and claim they have probable cause to search your home?
Keep your mouth shut. Say nothing and do nothing. That includes non-verbal communications like head nodding and head shaking. Let your defense attorney sort it out later.
You said if the police threaten u with a warrant. How do we know if there lieing about having warrant? I had similar situation but then after someone opened the door they went and got a warrant ..
Don’t open the door and keep silent. It doesn’t matter what the police do, it only matters what you do.