In the wake of the political attack that left Minnesota Rep. Melissa Hortman and her husband dead, many people in Minnesota and across the US are asking whether or not a homeowner needs to open the door for an individual who is claiming to be a police officer.
Hortman and her husband were shot and killed after the suspect, 57-year-old Vance Boelter, allegedly appeared at their doorstep while impersonating a police officer in the middle of the night. A court affidavit said Boelter was wearing a black tactical vest, carried a flashlight and was driving an SUV with a fake “POLICE” license plate and equipped with “law enforcement-style emergency lights.”
Do you have to open the door to your homestead when police are requesting that you open up and let them in? Or can you just stay inside? We answer those questions in today’s blog.
Opening The Door For Police
Are you legally required to open the door for someone claiming to be police in Minnesota? In most instances, you are well within your rights to keep the door shut. If they are just asking questions or looking for information, they should have no problem gathering this information through a closed door, if you even decide to answer their questions. Without a warrant, you are not legally required to open the door, let them in or answer their questions. You can if you choose to do so, but without a warrant, you can refuse to come to the door or keep it shut.
If you’re concerned about whether or not police are who they say they are, they can identify themselves and their department, and you can call that department to ensure that officer has been dispatched to your residence. If they confirm that you are talking with the police, you still don’t need to open the door unless they have a valid warrant, but you can if you choose because now you know you’re at least working with legitimate officers.
Things change a bit if the officer has a signed warrant. Whether that is a search warrant or an arrest warrant, you will be legally required to follow the order, or you may find yourself facing additional charges. With that said, you don’t need to open the door in order to have a chance to see the supposed warrant. You can ask the officer to hold the warrant up to a window or have them slip it under the door. Again, you can call to confirm the validity of a signed warrant, but if it’s legitimate and police are at your door, then it becomes time to open the door and manage the situation. Once these aspects have been met, you will be legally required to open the door for the police officer attempting to act on a warrant that has been signed by a judge.
Our advice is to always take caution when be addressed by police at your home, mainly from a rights perspective. Absent a warrant, you don’t need to be compelled to open your door or give information to police. Until you learn more about their purpose and whether or not they have a warrant, you’re well within your rights to be reserved in the situation. Don’t compromise your safety or your freedom by opening the door and giving a statement without gathering more information and learning if a warrant is present.
If you need assistance fighting a criminal charge in the greater Twin Cities area, pick up the phone and contact the team at Appelman Law Firm today at (952) 224-2277.
