Utah Residents Unintentionally Consent to a Home Search

Too many residents in Utah will give unneeded consent to a home search by police while others may unintentionally consent to a home search just by answering the front door.

Consent to a home search

Photo by: Kelly Parker McPhearson

There are some Utah residents who are not afraid to say “no” when a request is made to search a home without a warrant or probable cause. Knowing and exercising the right to refuse a search is a big step, yet there is more that can be done to protect a home against unreasonable searches and seizures.

Front door search

Those who aren’t easily intimidated when approached by law enforcement should remember that not all searches require physical access to the inside of a residence. Officers can use a few tricks to obtain a glance inside a resident’s home without ever taking one step past the threshold. Two strategies commonly used together are the “knock and talk” combined with “Plain View Doctrine”.

  • The “knock and talk” routine is just as it sounds – officers knock on the door and talk. Anybody may go to a resident’s door and knock. That is a perfectly community based notion that is not against the law for regular citizens and therefore, not against the law for police either. When police knock however, they are generally not just casually shooting the breeze while on the clock. Their visits are typically done to obtain information or clarify facts that may or may not incriminate someone. During these “knock and talks”, officer can chat, ask questions, or use the “Plain View Doctrine” to locate illegal contraband.

    Photo by: Mike Lewinski

  • The “Plain View Doctrine” does not give police permission to enter a person’s home and begin opening drawers and closets. It merely allows them to be in a spot where they are either invited to be or which would be common for a visitor. When in publicly acceptable area such as a front step or living room (if invited in), there they will use sight and other senses to lawfully observe around them for anything illegal such as drugs or evidence of a crime.

Exercising complete rights against unreasonable searches

Although it may come off as rude, it is perfectly acceptable to not open the door when someone comes a knocking, even if it is law enforcement. Residents have several options when police officers knock at the door: invite officers inside, speak from the open door, meet officers outside to talk, or even have a conversation through a closed door. While the latter option may sound discourteous, it can be done politely and with the utmost respect towards the attending officers. Anyone facing problems after trying to exercise their complete rights against unreasonable searches is encouraged to seek a reputable attorney for legal counsel.