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Timothy D. Smith
Timothy D. Smith, Lawyer
Category: Criminal Law
Satisfied Customers: 2043
Experience:  In House Counsel for Law Enforcement Agency
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Is there any law in the State of NC, or Federal Law that states

Resolved Question:

Is there any law in the State of NC, or Federal Law that states that if the Police come knocking on your door that you have to open the door? I was wondering because the police came to my door, and when I answered he said that somebody called him. I knew it wasn't me, nor my two kids. When I asked him what he was there for, he said, "I am not going to tell you through the door. Open the door and come outside." Since I didn't know what was going on, I told him that I wanted to know what he wanted before I opened the door. He stated again "I am not going to tell you through the door. Open the door and come outside." This same cycle repeated for about 3 more times before I asked if he had a warrant. He said that he didn't, and that he going to leave.

It turns out that my ex sent the police to my house.

So can they hold it against me for not opening the door if the Police Officer refused to tell me why he was there? Is there any law in NC that states I have to open the door?
Submitted: 11 months ago.
Category: Criminal Law
Expert:  Timothy D. Smith replied 11 months ago.

I hope this message finds you well, present circumstances excluded. My name is XXXXX XXXXX I am an attorney with over 10 years experience in dealing with matters like you are confronted with currently. I have represented a very large law enforcement agency for over 8 years. It is a privilege to assist you.

 

As a matter of law and course, you do not have to open the door to a police officer unless they have a warrant. The fact that they did not have a warrant means that you acted completely within your constitutional rights and that your actions cannot be used against you by either the police of your ex.

 

There is no law in North Carolina or any other state which says you have to open your door under the circumstances without a warrant. This is well settled in the law.

 

Let me know if you have any other questions or comments.

 

Best wishes going forward!

Timothy D. Smith, Lawyer
Category: Criminal Law
Satisfied Customers: 2043
Experience: In House Counsel for Law Enforcement Agency
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