4 ms·

Do they just wait around to let you take your time to go back and call to verify?

jedberg 7y ago
I don't know, never been served a search warrant. Obviously this isn't legal advice, but it's what defense lawyer friends have suggested if it ever comes up. I think that popular video about "never talk to cops" mentions something like it too? I assume if they don't wait, it helps your court case. They could always go with the "probable cause" argument, but again this can help your case if you can prove they didn't have actual cause.
- mehrdadn 7y ago
  I'm less worried about the court case and more worried about what can immediately go wrong if you look like you're stalling.
- jlgaddis 7y ago
  > ... this can help your case if you can prove they didn't have actual cause. Pro-tip: if they're at your door with a warrant, they have probable cause.
  - jedberg 7y ago
    Yeah but if they're robbers with a fake badge and gun, how will I know? At least when they barge in I'll already be on the phone with the cops.
    - astura 7y ago
      Your threat model is imaginary, if they are robbers posing as cops, they wouldn't knock and wait patiently, they'd just serve you a fake "no knock warrant" (kick open your door and bust in with flash bang grenades).
      - Naracion 7y ago
        I'm sorry, this comment is not necessarily a reply to you directly but to the thread in general--are we talking about the real world or some fictional TV show? Genuine question, is this something a "normal" HN reader should be worried about? Is there any evidence of such incidents happening ("kick open your door and bust in with flash bang grenades")?
      - saagarjha 7y ago
        I see no reason why a robber posing as a cop would want to draw more attention to themselves than necessary.
  - gtyras2mrs 7y ago
    Could just be at the wrong door. https://www.motherjones.com/politics/2010/09/aiyana-stanley-jones-detroit/ https://www.motherjones.com/politics/2010/09/aiyana-stanley-...
waste_monk 7y ago
My understanding is a valid warrant (which as someone else mentioned does not have to be a physical piece of paper) grants them immediate access and they don't have to wait to verify. If you don't open the door, it will be opened for you by battering ram - demanding you open it is more of a courtesy. Think about it: say someone has a bunch of drugs, you wouldn't want to give them time to start flushing it down the toilet while they call up and verify the warrant is valid. You kick the door in, arrest them, and secure the scene for forensics and evidence collection.
- mehrdadn 7y ago
  I assumed something along those lines, but I think they have to knock unless there's a no-knock warrant? I just don't expect they'll be amused if you tell them to hang on for a few minutes while you "verify" the warrant.

I don't know, never been served a search warrant. Obviously this isn't legal advice, but it's what defense lawyer friends have suggested if it ever comes up. I think that popular video about "never talk to cops" mentions something like it too? I assume if they don't wait, it helps your court case. They could always go with the "probable cause" argument, but again this can help your case if you can prove they didn't have actual cause.

mehrdadn 7y ago
I'm less worried about the court case and more worried about what can immediately go wrong if you look like you're stalling.
jlgaddis 7y ago
> ... this can help your case if you can prove they didn't have actual cause. Pro-tip: if they're at your door with a warrant, they have probable cause.
- jedberg 7y ago
  Yeah but if they're robbers with a fake badge and gun, how will I know? At least when they barge in I'll already be on the phone with the cops.
  - astura 7y ago
    Your threat model is imaginary, if they are robbers posing as cops, they wouldn't knock and wait patiently, they'd just serve you a fake "no knock warrant" (kick open your door and bust in with flash bang grenades).
    - Naracion 7y ago
      I'm sorry, this comment is not necessarily a reply to you directly but to the thread in general--are we talking about the real world or some fictional TV show? Genuine question, is this something a "normal" HN reader should be worried about? Is there any evidence of such incidents happening ("kick open your door and bust in with flash bang grenades")?
    - saagarjha 7y ago
      I see no reason why a robber posing as a cop would want to draw more attention to themselves than necessary.
- gtyras2mrs 7y ago
  Could just be at the wrong door. https://www.motherjones.com/politics/2010/09/aiyana-stanley-jones-detroit/ https://www.motherjones.com/politics/2010/09/aiyana-stanley-...

waste_monk 7y ago

My understanding is a valid warrant (which as someone else mentioned does not have to be a physical piece of paper) grants them immediate access and they don't have to wait to verify. If you don't open the door, it will be opened for you by battering ram - demanding you open it is more of a courtesy. Think about it: say someone has a bunch of drugs, you wouldn't want to give them time to start flushing it down the toilet while they call up and verify the warrant is valid. You kick the door in, arrest them, and secure the scene for forensics and evidence collection.

mehrdadn 7y ago
I assumed something along those lines, but I think they have to knock unless there's a no-knock warrant? I just don't expect they'll be amused if you tell them to hang on for a few minutes while you "verify" the warrant.