If Police Come To Your Door Without a Warrant, Shut Them Down Like This Guy

[bananas]

http://thefreethoughtproject.com/police-door-warrant-shut-guy/

If Police Come To Your Door Without a Warrant, Shut Them Down Like This Guy

By Matt Agorist on September 2, 2014

If police come to your door and you don’t need their help, you can simply decline to answer. They cannot come into your home without a search warrant.

Even if the police have probable cause, they cannot come in your home without a search warrant.

You might even be a suspect in a criminal investigation. In such a case you should remain silent — except to say “Officer, I can’t let you inside without a search warrant.” Following such an encounter, you should immediately contact a lawyer before speaking to police again.

The fact is that police can legally lie to try and gain access into your home and knowing how to deal with police at your door can go a long way.

A video uploaded to facebook last week by Avel Amarel, shows Amarel doing a great job at shutting down the two officers who tried to gain access to his house. Notice that in the beginning of the video, police try to get Amarel to stop filming. Mission number 1, reduce accountability. Cheers to Amarel for standing his ground.

[NYC_SKP]

1. K/R Interesting the tricks they try to use to justify violating our rights.

"I don't know what that is" (cell phone) often followed by "BANG".

Good for him, and thanks for sharing.

They need a warrant and he's under no obligation to comply.

We need to teach officers explicitly and, maybe more importantly, need to teach this in high schools.

[arcane1]

11. They tried every trick in the book!

[Dawson Leery]

2. These coppers do not obey their own oath.

They have no right to go to someone's door and demand ID, especially without a warrant.

[OilBurnerBob]

3. He's lucky the thugs didn't shoot him!

[phylny]

4. My thought exactly.

Welcome to DU.

[drray23]

5. I am surprised

They did not rush the door and beat him up or worse. You can tell they were itching to do so. Had he not had a streaming video feed that's what would have happened.

[DirkGently]

6. Seemed like the video moderated the officers' tone.

Last edited Sun Sep 7, 2014, 05:57 PM - Edit history (1)

They started a couple of times to suggest they were going to accuse him of "harboring a fugitive," based on what sounded like basically nothing, and that they wanted to drag him outside and search the house.

[KJG52]

7. This is not true...

The police can enter your residence to serve notices and any type of warrant, a material witness order, an arrest warrant, or search warrant and can break in your door in the event of "exigent circumstances," maybe a middle class white guy could get away with this at times, but in general the police can cause you great difficulty when you deny them entrance when it's requested. You had better be damned sure of your legal ground before obstructing actions of the police, it can go wrong badly and fast in a confrontation with them... Also, you had better have some credible witnesses or an excellent record of the incident because you will be challenged by authority in any instance of obstructing police officers in their duties.

[localroger]

10. The point is they didn't have any of those things

They did not have any kind of warrant, and the camera pretty much killed any chance of them claiming exigent circumstances (which has to be something like they saw the perp enter your house; in this case they admitted that they didn't have that before realizing how he was going to balk them). And of course he did have a record of the incident, in their faces, which obviously pissed them off. But it's the reason they stood down.

[KJG52]

12. Stupid Cops

I don't know where these mutts are from, but in LA they would have kicked in the door, beat the crap out of the "protesting," resident- crushed his phone and arrested everyone and sorted it out at the station. I am not saying this is right, I'm just saying it is dangerous to obstruct the actions of the police. In most instances, even if the citizen is correct the police can make your life hell... Be a hero if you want, stand up, but you'd better know your enemy and have good grounds for disputation and rock solid grounds in evidence to stand on. The sorting it out afterward can be very painful and expensive...

[DirkGently]

13. But that fear is what lets them keep doing it.

These particular cops -- the one on the left in particular -- tried to throw out a lot of bullshit to bully / panic the homeowner into a warrantless interrogation or search.

They rely on that fear that they can do whatever they want to you now, and see whether you have the ability to complain about it later, for convenience. It works on criminals who are nervous / ignorant, but it also works on anyone not confident they could stand up for themselves in the legal system if it came down to a conflict.

And there's the problem. We set up all of these ideals and protections to avoid exactly this type of harassment, but two big men with guns at your front door can be extremely persuasive, and they know it.

This guy made it less convenient, and that helps.

[marym625]

29. That's why I said they

The cops, didn't know the law. But the only reason they could have stormed the place would have been the reason to believe that the person in question was in the house. Without a warrant they can't just demand to come in, to demand ID. And they wanted him outside so they could arrest him. They couldn't while he stood inside with no warrant

[Jester Messiah]

41. You can set your phone up to record straight to dropbox.

Just let the cops know that they're on tape and that crushing the phone won't destroy the video.

[treestar]

45. If that's routine, then LAPD needs another

re-training. You're saying they would routinely disrespect the law? They have no right to "beat the crap" out of anybody. If they are doing that routinely, they need another clean out.

[Live and Learn]

25. Exactly why the live streaming is so important.

They could break in but it would all be on video that they can't get their hands on and all their lies would then be exposed. I guarantee nobody said anybody ran in to that apartment.

[NutmegYankee]

27. Without a warrant police cannot legally gain entrance if you deny it to them.

You cannot be convicted of obstruction. A charge of such a thing would just become a civil rights lawsuit and another insurance payment hike by the local government.

[Live and Learn]

31. I think they actually can if there is an imminent danger or they said

they witnessed something illegal. That is why the streaming is so important. It makes them tell their lies upfront before they have time to conspire and come up with a more plausible explanation late on.

[NutmegYankee]

36. They would have to be able to back those examples up in court.

Neither could be done here. Neither applies in most cases. This is one of the reasons that police should always be challenged and if a violation occurs, sued.

[Live and Learn]

37. Yes but only because of the streaming. If you aren't streaming, good luck. nt

[NutmegYankee]

38. No, the burden is on the officer.

If no one in the home said they were in danger and no criminal is found, they are fucked.

[Live and Learn]

39. Just like when no weapon is found on you after they shoot you? nt

[NutmegYankee]

40. They usually claim you were going after their gun.

Hard to prove otherwise for your family. But entering a house illegally requires certain special circumstances that are easy to demonstrate never existed if they don't.

[treestar]

46. Exactly, maybe we need to advocate for them going without guns

If unarmed people grabbing them are so dangerous to them. Maybe they need to give up the guns for their own safety.

[NutmegYankee]

49. It would result in a far toned down police force.

Which wouldn't be bad at all.

[Laffy Kat]

9. I'm showing this to my sons.

Rec.

[Demeter]

14. And they wonder why cops are the Rodney Dangerfield of America

[blkmusclmachine]

15. "..police can legally lie to try and gain access into your home.."

[Live and Learn]

35. Yep, since they are allowed to lie, one should never believe them.

A simple, "I don't believe you" should suffice.

[marym625]

16. This is beautiful!

What's even funnier is obviously the cops had no idea what the laws are.

Thanks for sharing!

[DeadLetterOffice]

17. He's lucky he didn't get shot in the face.

I'm all for asserting your rights in an interaction with LEO's (we taught our 2nd grader about unlawful search and seizure), but not at the risk of your life...

[Iggo]

20. The problem anymore is that any interaction with the cops is at the risk of your life.

[Live and Learn]

33. Especially since the officer doesn't even know what a cell phone is.

In light of how many unarmed citizens are shot by officers that thought they saw a weapon, I really think we need to heighten the visual qualifications for the job.

[Helen Borg]

18. Brilliant!

But I was worried they would start beating the shit out of him at any moment..

[damnedifIknow]

19. Standing up for your rights

Bee u t full

[whereisjustice]

21. Except for rich white people, cops are the enemy of all, even the white middle class...

these idiot warriors are poorly educated, fearful and dangerous. Cops are making things worse in America, they are breeding hatred that will last for generations.

[KG]

22. notice the guy told the cops he was streaming right to youtube. a very wise move.

[the_sly_pig]

23. Depending on the offense...

and it probably varies by State, but if the police want to get in your house they will. Attempting an arrest on a warrant for failing to wear a life preserver with a $50 bond is one thing, a suspect with a warrant for criminal sexual conduct is another. If a suspect is known to be inside a house, officers will simply call the on-call jurist and get a warrant. And if they kick a door, then they kick a door.

It's always a process.

[NutmegYankee]

28. Only if there is probable cause.

Even if a warrant is issued, you can challenge the warrant later and sue if a different judge finds there wasn't sufficient probable cause.

[the_sly_pig]

30. Absolutely. nt

[ncjustice80]

42. Wrong. Unless the officers lied to obtain the original warrant, even if a judge latef throws it ouf

They are covered under "good faith" that their actionz were lawful, since it is alwayz possible for a higher court to have a disagreement witb a lower court over probable cause. So if they got a warrant, didnt lie or conceal evidence, search ur house, and ur lawyer later gets fhe warrant tossed, u still have no law suit.

[NutmegYankee]

43. Disagree.

It all hinges on how they demonstrated probable cause.

[ncjustice80]

48. Which is what I said???

[1dogleft]

24. Don't most

career criminals already know not to answer the door. If they can't figure that out they should find another line of work

[the_sly_pig]

32. most career criminals know not to open the door...

But then they go out driving with a broken tail light, or speed, or knock around the wife or girlfriend. The warrant is always eventually served.

[1dogleft]

44. good point

I did not think it out completely

[pleinair]

26. kudos to that guy--chilling to hear this abuse of power

and the chilling effect is what those in power are after. They want us cowed.

[zebonaut]

34. Officer; I don't consent to any searches.

am I free to go now?

[treestar]

47. I hate those flashlights

At first I thought he was telling them to turn that off.