Legal Question in Criminal Law in Georgia

The police came to my house claiming they had a knock and talk warrant and 11:00 pm. My 15 year old daughter allowed them to come in the house. When I was walking to the front of the house the police were already in my house. Was that illegal?


Asked on 3/25/11, 6:36 pm

2 Answers from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

No one here has all the facts but if they had a warrant and a 15 year old let them in, there's likely no problem at all.

But the more important question is the one you didn't ask. If there is a warrant for you, why have you not already hired a lawyer?

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Answered on 3/25/11, 6:42 pm
Lawrence Lewis Lawrence Lewis, P.C.

There is no such thing as a knock and talk warrant. A knock and talk is conducted where the officer does not have probable cause to get a warrant, and so instead decides to approach the residence, knock on teh door and talk to whomever answers the door. Your daughter answers the door. If she is old enough to answer the door then she is old enough to give consent to the police to enter your house. If you have given her permission to open the door, which means she is more than three years old, then teh police can rely on her representation that she has apparent authority to allow them into your house. Therefore, everything you describe is legal. You didn't like the fact that the police did a knock and talk, then you should implement a rule in the house, NO ONE ANSWER THE DOOR BUT YOU. But be ready. If the police come back with a search warrant, and knock on the door, and everyone sits quietly because they cannot answer the door, only you. The police may kick the door off the hinges, and guess who will have to pay for that.

The most important question: Why are the police looking at you? The next most important question: Why if the police are looking at you, have you nto had a sit down with an experienced attorney? Cheap does not serve anyone well when it comes to criminal investigations. Lawguru is not a real source of legal info, just a legal meeting spot to bounce ideas off of attorneys. It is like Facebooking with attorneys, but you cannot go to the bank with that information. When folks come here and act as if they are going to get info that they themselves can put into practice (do it yourself info) they are retarded, and should expect to go to jail. Good luck.

Lawrence

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Answered on 3/26/11, 5:36 am


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