If the cops come to my dorm room on suspicion of marijuana possession, do I have to open my door when they knock? Do I have to open locked containers if they ask me to?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If the cops come to my dorm room on suspicion of marijuana possession, do I have to open my door when they knock? Do I have to open locked containers if they ask me to?

Asked on March 22, 2009 under Criminal Law, Texas

Answers:

Robert Pellinen / Law Offices of Robert Pellinen

Answered 15 years ago | Contributor

In theory, you don't have to open the door, but the police don't always honor your constional rights under the Fourth Amendment, to be free of unreasonablesearches or seizures. The only way the cops can enter your room is with a search warrant issued under penalty of perjury. But often the cops will bust the door down and say there were "exigent circumstances" that would excuse the warrant.  As for the "closed containers," they should have a search warrant for that also, but they may say they don't need one because it's an "inventory" inspection. They have hundreds of excuses and pretexts to avoid playing by the rules.  Also, you don't have to even talk to the police or anyone else in law enforcement.  There are millions of cases involving searches and seizures under the Fourth Amendment.

I hope this information is helpful to you.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption