Denver, CO asked in Civil Rights for Colorado

Q: His long can police stay outside your residential if you didn't answer or engage with them when they knocked on the door

The even went into the back yard and tried to open doors from what I could hear from my room

Related Topics:
1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Civil Rights Lawyer
  • Sacramento, CA

A: The amount of time the police can remain outside your residence after attempting to make contact with you can vary depending on the specific circumstances and the laws of your jurisdiction. However, here are a few general points:

1. Reasonable time: Police officers are typically allowed to remain on your property for a reasonable amount of time to attempt to make contact with occupants or to conduct an investigation, even if you do not answer the door.

2. Probable cause: If the police have probable cause to believe that a crime has been committed or is in progress, they may be justified in remaining on the premises for a longer period or even entering the property.

3. Warrant: If the police have a valid search warrant or arrest warrant, they are allowed to enter your property to execute the warrant, even if you do not answer the door.

4. Exigent circumstances: In emergency situations, such as when the police believe someone is in imminent danger, they may enter your property without a warrant or permission.

Regarding the police attempting to open doors in your backyard, the legality of this action depends on the specific circumstances. If they had probable cause, a warrant, or believed there was an emergency situation, their actions might be justified. However, if they did not have a valid reason to be on your property or to attempt to gain entry, their actions could be considered an unlawful search.

If you believe that the police acted inappropriately or violated your rights, you should consider contacting a criminal defense attorney to discuss your situation and potential legal options.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.