Law Firm of Aaron Bortel

Do You Have to Allow the Police Inside Your Home?

Interviewer: If the police come to your house and they come to your door, first of all, do you have to answer it? Then do you have to let them in? When do you have to let them versus when are you allowed to deny them entry?

Aaron: There are cases out there that will allow the police into your house if they know that you’ve been driving. The question is: Can the cops come into your house? What the courts show, what the case law has said is because there is evidence which is disappearing, which is your blood alcohol level going down as time goes on, that’s circumstance for them to be allowed to get you for a DUI.

I’ve handled a number of cases where officers have gone into someone’s house. The specific facts of that case have to be looked at, and we need to challenge whether the officers were actually allowed to go into the house.

I had a case recently in San Francisco, where they followed my client, claimed they turned their sirens on, went up, followed him into his driveway. He drove into his garage, was closing the door, and the officers stuck their foot under the door and basically pried the garage door open. They followed him into there and they were demanding that he open the door. Anyway, that was a very interesting case, and that’s exactly what we’re talking about here.

By Aaron Bortel

Aaron Bortel

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