Can You Close the Door on a Police Officer Entering a Residence Without a Warrant

My question involves civil rights in the State of: North Carolina.


I was at a friends house when they received a noise complaint. The police claimed they smelled marijuana smoke, but had no warrant to search. They were continually stepping one foot inside the apartment and looking around. I assume so they could spot something illegal and enter without a warrant. I stepped outside, told them to stop, and reached for the door handle. An officer grabbed me and shoved me against a railing so that they could continue. At this point I informed the renters they should not talk to the officers and demand a warrant. At this point I was arrested and charged with resisting an officer.

I did not touch an officer, and was in no way forceful. I even presented myself for the cuffs. The police were allowed into the apartment after I was arrested and found no marijuana or paraphernalia. No one else was charged with anything. I was never read my rights, but I was not questioned later.


Should I fight this in court?

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Quoting Curmudgeon5462

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No one else was charged with anything. I was never read my rights, but I was not questioned later.
Should I fight this in court?

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Guess you should have just let them in. Here's what I see - you were at a friend's house. Therefore, you have no right to refuse entry - it isn't your house. You did resist, as you interfered with the police conducting an investigation. You were out of place to prohibit their questioning and attempted entry, as it isn't your house and you have no legal standing at that location. I don't see how you can fight this.

Ah, time for the old Liar, Liar, Pants on Fire defense.

You weren’t the owner or tenant of the house. You were therefore legally not in a position to deny the cops entry nor could you have consented to a search either. And unless you are an attorney licensed in that state, you were also not legally able to give the tenants legal advice (i.e. not to talk to the officers and to demand a warrant). So, you should have just called the tenants to talk to the cops and otherwise left yourself out of it. That said, whether what you did rises to the level of resisting arrest can’t be determined from the facts you provided, and I suspect there are things left out of your account. You need to discuss your options with a criminal defense attorney. Be prepared to spend some money on this.

Sounds like my best bet would be to use a prayer for judgement continued here and just pay court costs.

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Quoting Taxing Matters

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And unless you are an attorney licensed in that state, you were also not legally able to give the tenants legal advice (i.e. not to talk to the officers and to demand a warrant).

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And did the police know that the OP was not a licensed attorney?

And why do you have to be a licensed attorney to inform people of their rights? When police question you, they have to inform you of your Miranda rights. And the police are not licensed attorneys.

If you want to be extreme about this whole licensed-attorney business, then every driver's ed teacher should be arrested for practicing law without a license, just for telling students to stop at a stop sign.

police can question you without informing you of your rights,, they only need to state Miranda once you have been arrested

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Quoting tonynewman

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police can question you without informing you of your rights,, they only need to state Miranda once you have been arrested

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they can question you anytime without informing one of their rights. Info gleaned from an interrogation can be suppressed if the person was not informed of their rights when they were required. The point requiring one's rights can be well before an arrest.


a concise explanation of when a reading of one's rights is required, from Nolo.com

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When the Miranda Warning Is Required

It doesn't matter whether an interrogation occurs in a jail, at the scene of a crime, on a busy downtown street, or the middle of an open field: If a person is in custody (deprived of his or her freedom of action in any significant way), the police must read the Miranda rights if they want to ask questions and use the answers as evidence at trial.
If someone is not in police custody, however, no Miranda warning is required and anything the person says can be used at trial. Police officers often avoid arresting people—and make it clear to them that they're free to go—precisely so they don't have to give the Miranda warning. Then they can arrest the suspect after getting the incriminating statement they wanted all along.

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Quoting tonynewman

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police can question you without informing you of your rights,, they only need to state Miranda once you have been arrested

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My point is that the police are stating your rights, and the police are not lawyers. The OP was telling his friends what their rights were, and he was arrested for that. Someone here implied that police arrested the OP for practicing law without a license.

When police read you your Miranda rights, they are practicing law without a license. When your driving instructor tells you to stop at a red light, he is practicing law without a license.

Let's not kid ourselves here. The police arrested this guy because he was telling people that they had a right to not answer questions. There was no illegal obstruction on this guy's part.

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Someone here implied that police arrested the OP for practicing law without a license.

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who and where? I don't see it.

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When police read you your Miranda rights, they are practicing law without a license.

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no. They are complying with a mandate issued by the Supreme Court. In fact, the verbiage is scripted so they are doing nothing more than reciting what was written for them to recite to the arrestee.

If the cops tried to explain the statement, then they would be practicing law. When your driving instructor tells you to stop at a red light, he is practicing law without a license.

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Let's not kid ourselves here. The police arrested this guy because he was telling people that they had a right to not answer questions. There was no illegal obstruction on this guy's part

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I wasn't there but the fact they grabbed him before he told the tenants to keep quiet suggests there is more to the story.

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Quoting jk

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I wasn't there but the fact they grabbed him before he told the tenants to keep quiet suggests there is more to the story.

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To clarify what happened here, I reached for the door handle, was grabbed, told not to do that. I did not attempt to shut the door a second time. I was let go and was talking to the security guard asking why they didn't simply knock and ask us to keep it down rather than call the police. The police were not interacting with me at that time. After this point is when I told the tenants that they didn't need to speak to the police and I was arrested.


I have no reason to leave anything out here, as I am seeking advice as to whether or not to fight a charge, and leaving out key details would mean I could be wasting time and money getting a lawyer.

OK, without a warrant or permission they cannot enter the home but since they were stepping into the home, apparently without objection by the residents of the place, you attempting to close the door is likely what they are calling obstructing. You need a lawyer.

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Quoting John_28

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My point is that the police are stating your rights, and the police are not lawyers. The OP was telling his friends what their rights were, and he was arrested for that. Someone here implied that police arrested the OP for practicing law without a license.

When police read you your Miranda rights, they are practicing law without a license. When your driving instructor tells you to stop at a red light, he is practicing law without a license.

Let's not kid ourselves here. The police arrested this guy because he was telling people that they had a right to not answer questions. There was no illegal obstruction on this guy's part.

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Are you stating that 95% of members on this forum are felons? ;)

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Quoting John_28

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My point is that the police are stating your rights, and the police are not lawyers. The OP was telling his friends what their rights were, and he was arrested for that. Someone here implied that police arrested the OP for practicing law without a license.

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No, he was arrested for obstructing, resisting, and/or delaying an officer. His actions are what got him arrested and they were not solely because he yelled for them not to cooperate with the police.

He is free to answer the allegations in court.

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Quoting cdwjava

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No, he was arrested for obstructing, resisting, and/or delaying an officer. His actions are what got him arrested and they were not solely because he yelled for them not to cooperate with the police.

He is free to answer the allegations in court.

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Are you saying that he should have known his own rights and his actions before informing someone else of there legal right? ;)

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Quoting Who'sThatGuy

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Are you saying that he should have known his own rights and his actions before informing someone else of there legal right? ;)

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irrelevant. What he shouldn't have done is what appears to be physically attempting to prevent the cops from investigating the matter in what appears to be a legal means.

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Quoting Who'sThatGuy

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Are you saying that he should have known his own rights and his actions before informing someone else of there legal right? ;)

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He should have exercised his right to remain silent. ;)

AND not interfered with the officers.

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Quoting cdwjava

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He should have exercised his right to remain silent. ;)

AND not interfered with the officers.

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I remember growing up and attending house/hotel party's. We weren't bad kids, but we were noisy and that always brought the cops. When the cops did arrive, I was always a wallflower.

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Quoting Who'sThatGuy

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I remember growing up and attending house/hotel party's. We weren't bad kids, but we were noisy and that always brought the cops. When the cops did arrive, I was always a wallflower.

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and I would bet you didn't get arrested for obstructing either, did you?

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Quoting Who'sThatGuy

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I remember growing up and attending house/hotel party's. We weren't bad kids, but we were noisy and that always brought the cops. When the cops did arrive, I was always a wallflower.

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That's the best way to avoid any further trouble. I did much the same when I was in my youth.

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Quoting jk

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and I would bet you didn't get arrested for obstructing either, did you?

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You got it!

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Quoting NCGS Sec. 14‑223. Resisting officers.

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If any person shall willfully and unlawfully resist, delay or obstruct a public officer in discharging or attempting to discharge a duty of his office, he shall be guilty of a Class 2 misdemeanor.

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You say, "The police were allowed into the apartment after I was arrested" -- that was through the permission of the tenant you were visiting?

When you reviewed the police report, what actions by you were alleged to constitute the offense charged?

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Quoting Mr. Knowitall

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You say, "The police were allowed into the apartment after I was arrested" -- that was through the permission of the tenant you were visiting?

When you reviewed the police report, what actions by you were alleged to constitute the offense charged?

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I'll have to get back to you on that when I have the papers with me.