Last post on this—at least for now—cops will play as fast and loose as the law allows. Law allows them to lie to you, say they know shit they don’t, that you need to come out and talk to them, that they need to come in and talk to you, that they want to make sure you’re ok, or your loved one is. That they need to look in your closet, car, cooler, whatever it is, just to make sure everything is fine or nothing going on. Yes, they need you to agree to let them do that so they can discover if their hunch or suspicion of criminality is accurate and CHARGE YOUR ASS.
Good cops will use their training in this regard to play games and play with your natural emotions and human nature not to defy authority. Smart citizen doesn’t go out of their way to be a dick to the folks with guns, badges, fuck you spray, and tasers. It’s simply not smart and can cause the ability on their part to go further than might otherwise be allowed under the law.
A smart citizen politely says to fuck off, or better yet, a simple no thank you. For LE to seize you of your freedom, they need PC, probable cause, same as arrest. Most often, even when they have reports and hunches, and even some collateral proof—they don’t have what they need to charge or there are still gaps or they wouldn’t be asking to come in, or to talk to you, or to look in your car/shed/cooler. They would show up with a warrant to search what they wanted and a warrant to arrest you. So don’t give it away—listen to words used. Whether a simple DUI stop, or more serious like here. Do not agree to consent to anything. Politely decline if they are asking you. If they tell you to get the fuck down on the ground, or order anything, do it. They have guns and qualified immunity if they use them even if wrong. It’s not limitless immunity, but they can make mistakes and skate.
They are wielding authority, but in a request fashion—whether like “golly jeepers, mind if I come in and just want to make sure everything is ok,” or more forceful, “you need to let us in to ensure.” They are trying to get consent to search. If you have anything you don’t want LE to see, don’t give it up. Give your lawyer something to work with, don’t fuck yourself. Politely decline, say you’ll do whatever they order you to do, not fighting them, but no agreeing to let them in, let them search, or answer questions. AND you want to make a phone call to your lawyer—don’t want to talk to them before.
Invoking right to consult counsel, even if you have a hard time shutting your mouth after, can give some protection. Mostly only in response to subsequent questions from LE—if you keep spontaneously making statements, meaning things not responsive to subsequent questions from cops, those can still be used. Forcing LE to make a choice of searching or seizing you or evidence without more or a warrant sets the stage for them to mess up. Smart, lawful LE will leave at that point. Those willing to violate the most fundamental of laws to enforce later, code violations, will do just that, and your lawyer has things to work with, things that can make huge difference in your life and your family’s.
I tell folks the same thing I would do. If ever pulled over for a DUI—when asked if I would get out for Sobriety tests, I would ask if I have to. If asked if I would or want to, no I don’t want to. I will do whatever you tell me I have to, or order me to, but otherwise no. He will have to make the decision from the car window, and if he orders me from their, he has seized me of my freedom and Miranda attaches. Same at my home, but admit for myself, I would not likely open the door without a warrant, even if they ordered me to. I would tell them I will lay on the floor in plain sight, not fighting, but not willing to open the door. No fighting posture, all passive with them, but they’ll need to kick my door in.
Last point—look up lawyers. Good to know who you want to call if ever needed. Avvo.com is a good place to research close to you, but just as a jumping off place to identify folks, then go to their website and see if they have emergency, after hour number. That’s the one you want. Good to keep a couple names in mind—hopefully never for something serious like here, but even if a kid or sibling or spouse, or hell even you, get something like a DUI stop.
stay safe, be smart.