O texto completo desta página ainda não foi traduzido, por isso aparece em inglês abaixo. O resumo, os rótulos e as informações de segurança acima estão traduzidos.
A 14-year-old in Lexington, Kentucky, is home alone after school when two officers knock and ask to come in and look around. No parent is there. What happens next depends on three things: whether the officers have a warrant, whether someone with authority agrees to let them in, and whether there is a real emergency.
A knock is a request, not an order
In Kentucky v. King (2011), a case that started in a Lexington apartment complex, the U.S. Supreme Court said that officers without a warrant who knock on a door 'do no more than any private citizen might do.' The Court added that the person inside has no obligation to open the door or to speak, and that even after opening it, a person 'need not allow the officers to enter' and may refuse to answer questions.
You can talk through a closed door. That is often the calmest choice.
When police can come in anyway
A warrant is a written order signed by a judge. A search warrant lists the address and what officers may search for. In Payton v. New York (1980), the Court held that police generally cannot enter a home without a warrant or consent to make a routine felony arrest. The Court called the doorway of a home a line that 'may not reasonably be crossed without a warrant.'
There is one major exception: exigent circumstances, meaning a true emergency, such as someone inside being hurt or evidence being destroyed right then. That was the issue in King, where officers heard noises they believed were evidence being destroyed and kicked the door in. The Court allowed it because the officers had not created the emergency by threatening to break the law themselves.
Who can say yes, and who can say no
Without a warrant or an emergency, police need consent, meaning permission from someone who shares control of the home. In Georgia v. Randolph (2006), the Court held that if one resident says yes but another resident who is standing right there says no, the police cannot search based on that consent as to the person who objected. The Court noted that the answer could be different where there is a recognized hierarchy, and it gave parent and child as the example.
Whether a teenager can give valid consent for police to search the family home is not settled by the Supreme Court. We could not confirm one national rule, and lower courts look at the facts of each case. Because the answer is uncertain, the simplest path is not to give it.
If you are the one at home
Keep the door closed and say calmly, 'My parents are not home. I cannot let anyone in.' Ask, 'Do you have a warrant signed by a judge?' If they say yes, ask them to slide it under the door or hold it up to a window, and check that it has a judge's signature and your address.
If officers have a warrant or come in anyway, do not block them or resist. Say, 'I do not consent to a search,' and then stay quiet. Call a parent right away. Afterward, write down the time, officer names or badge numbers, and what they took. A lawyer can challenge an unlawful entry later. For immigration officers at the door, see our article on family preparedness plans.
Lembre-se disto
- Kentucky v. King (2011): without a warrant, you do not have to open the door, let officers in, or answer questions.
- Payton v. New York (1980): police generally need a warrant or consent to enter a home, unless there is a real emergency.
- Whether a teen can consent to a search of the family home is unsettled, so it is safest not to.
- Talk through the door, ask to see a judge-signed warrant, never resist, and call a parent.
Fontes
Este artigo traz informações educativas gerais, não aconselhamento jurídico individual. A KidsKnowRights não é um escritório de advocacia, e ler este artigo não cria uma relação advogado-cliente. As leis variam de acordo com o estado, a idade e as circunstâncias, e mudam com o tempo. Para receber orientação sobre uma situação real, fale com um advogado licenciado ou com uma organização de assistência jurídica gratuita.