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

[Curmudgeon5462]

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.

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.

[jk]

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.

[Who'sThatGuy]

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.

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

[cdwjava]

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.

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.

[Who'sThatGuy]

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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.

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

[jk]

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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?

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.

[cdwjava]

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

He should have exercised his right to remain silent.

AND not interfered with the officers.

[Who'sThatGuy]

He should have exercised his right to remain silent.

AND not interfered with the officers.

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.

[jk]

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.

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

[cdwjava]

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.

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