Police are at my door. Do I need to answer? What to know if law enforcement knocks in Texas
Knock! Knock! Knock! There's a stranger at your doorstep. You rush to the peephole to see who's there.
It's the police. They ask you to open the door.
Your next move could be costly. Do you open the door, ask questions, or ignore them?
Following what prosecutors have described as the "political assassination" of Minnesota State Rep. Melissa Hortman and her husband — part of an attack that also injured Sen. John Hoffman and his wife — many Americans are now questioning their legal and practical options in response to the incident.
The suspect in the case, Vance Boelter, 57, was dressed in a police officer's attire, complete with a black tactical vest, and carried a flashlight, as an officer would, according to an affidavit filed in federal court and written by Special Agent Terry Getsch of the FBI. Boelter was also driving an SUV equipped with a fake "POLICE" license plate and "law enforcement-style emergency lights," the affidavit said.
"This is the police. Open the door," Boelter shouted outside at around 2 a.m. on June 14, according to Hoffman's family members, Getsch wrote in the affidavit.
Here's what to know about answering the door for law enforcement in Texas.
The Fourth Amendment of the U.S. Constitution offers safeguards against unreasonable searches and seizures, granting your home the greatest degree of protection. As a result, law enforcement officers cannot enter your residence without valid legal authority.
If the police knock on your door, you're not obligated to answer or let them in. According to legalclarity.org, this tactic, known as a 'knock and talk,' is designed to begin a voluntary conversation, but your participation is entirely optional.
Law enforcement knocking on your door can be intimidating. Most people's first inclination is to answer the door for them. However, that doesn't mean you have to.
Here are five things to keep in mind if police officers knock on your door:
You don't have to open the door unless they have a warrant. If officers don't present a search or arrest warrant, you're not legally obligated to let them in.
Ask if they have a warrant — and see it. If they claim to have one, you can request to see it through a window or have them slide it under the door before opening up.
Don't step outside your home or invite them in unless you want to. Once you open the door or step outside, you may unintentionally waive some of your Fourth Amendment protections.
Stay calm and polite — but say little. You have the right to remain silent. You can simply say, 'I don't wish to speak without a lawyer,' and that's enough.
If they don't have a warrant, they can't enter unless there's an emergency. This includes things like hearing screams, seeing someone in danger, or suspecting a crime is actively happening inside.
According to the Texas Constitution Search & Seizures §9, the law says the people shall be secure in their persons, houses, papers and possessions, from all unreasonable seizures or searches, and no warrant to search any place, or to seize any person or thing, shall issue without describing them as near as may be, nor without probable cause, supported by oath or affirmation.
According to Texas law, there are situations of "exigent circumstances," also known as warrantless search and seizure in Texas.
Under the Texas Code of Criminal Procedure, the law authorizes officers to enter homes without a warrant in exigent circumstances.
Examples of this include:
Protection of life (first aid, extracting children who appear to be in danger, protecting an undercover officer or informant).
Protection of property (such as extinguishing a fire or stopping a burglary).
Preventing destruction of evidence.
Pursuing a fleeing felon ('hot pursuit').
According to the Texas District & County Attorneys Association, exigent circumstances can justify an officer's initial entry into a residence, especially when the goal is to help someone in danger or ensure public safety.
However, once the immediate emergency is under control, officers are no longer permitted to continue searching without legal authority.
A warrant or another specific exception must be in place to allow further examination of the premises, though officers may secure the location while obtaining one. Notably, the exigent circumstances rule does not create a blanket exception for murder scenes that would permit unrestricted searches; entry is only permitted to assist victims or locate an attacker.
-USA TODAY Network Amanda Lee Myers contributed to this report.
This article originally appeared on Austin American-Statesman: If police knock on your door, do you need to open? What Texas law says
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