Two officers on the porch. "We just want to ask a few questions — can we come in?" Brian Foley explains in this video why that question is being asked, and how to answer it.
Your home is different
The Fourth Amendment protects the home more than anything else. Without a warrant, consent, or an emergency (someone screaming inside, hot pursuit of a fleeing suspect), officers cannot enter. They know that. The "knock and talk" exists to get consent — or to get you to step outside, where the protection of the home no longer applies and where you can be arrested on a warrant that would not have justified entry.
You do not have to open the door
You can speak through it. You can decline to answer. You can say you are not coming out. None of that is obstruction; it is the exercise of a right. Officers may keep knocking or say they will "get a warrant" — if they can, they will, and then the analysis changes.
What to say
Through the closed door, calmly: "I don't consent to entry. I'm not answering questions. If you have a warrant, please slide it under the door." Then stop talking.
If they have a warrant
Ask to see it. An arrest warrant for you lets officers enter your home to arrest you if they reasonably believe you are inside — but it does not authorize a search beyond what is needed to find you. A search warrant must describe the place and the items; read it. Do not resist either one. Say "I don't consent to any search beyond the warrant" and "I want a lawyer," and let your attorney litigate the rest.
If there is a warrant out for you
Do not wait for the knock. A lawyer can arrange a voluntary surrender with a bond already in place — usually a few hours instead of a weekend in jail. See our video on turning yourself in on a warrant.
Call or text (409) 877-4909 for a free consultation with Brian Foley and Luis Baez.