Legal Question in Constitutional Law in Nebraska
Knock But No Announce
Do plain clothes officers have to announce themselves after knocking or can they wait until you open the door to inform someone? I think they came for a knock & talk but I wasn't aware who they were until I opened the door then only one showed his badge. They had NO warrant. Thanks for any info.
1 Answer from Attorneys
Re: Knock But No Announce
Whether the police must knock and how long they must wait, if at all, depend upon the facts of each case. You have provided essentially no facts about your situation, so there is no way to tell you whether the officers acted properly.
You emphasize that the officers had no warrant, but the police don't need a warrant before knocking on someone's door. They often don't need one to enter, even over the occupants' objections, though here again the facts of each case determine what the officers can or can't do without a warrant.
One last point: officers who have an occupant's permission can enter without a warrant unless they obtained that permission unlawfully. If officers with no warrant knocked on your door, asked if they could enter and got your permission, you probably have nothing to complain about.