Question for the more knowledgable

[madelinemasoch]

I have a question for a story that I can't find the answer to easily on the internet. If a police investigator or a private investigator shows up to your front door, and you not only ignore them but openly and vocally refuse to allow them inside to investigate you, will you get arrested? Will you get an arrest warrant afterwards? Does anything bad happen to you if you do just ignore them? What would be the best thing to say to them to get them to leave you alone without consequences and still have the story be realistic?

 

[8letters]

My guess is that any cop or private investigator would see someone's refusal to cooperate as a sign that they are hiding something. They will just wait for the person to leave.

 

[Bamagan]

The scenario is too vague to give a complete answer, and I assume you're asking about the US and legitimate/official visits from law enforcement.
It really depends on why they're there in the first place. Absent a warrant, they generally aren't allowed inside, although in certain instances (probable cause) they may be allowed to force entry, such as if they hear someone screaming for help. Whether they were justified doing so is often investigated or adjudicated in later proceedings. Polite refusal to invite them in generally will not make things worse, although that only matters if there's no warrant for their search.
If they're there to investigate you, refusal to talk to them will probably work to their favor in obtaining a warrant to come back later and force the issue. An arrest at that point is far more likely, but also not a certainty.
Ignoring them is not a good long term solution, and many jurisdictions have various punitive measures for dealing with scofflaws.
In general, the easiest way to deal with law enforcement is probably to answer their questions directly and succinctly to speed them on their way. That's the better solution for someone who isn't guilty of whatever it is they're asking about, anyway.

 

[alohadave]

If a police investigator or a private investigator shows up to your front door, and you not only ignore them but openly and vocally refuse to allow them inside to investigate you, will you get arrested?

No you will not be arrested for refusing to let the cops in or refuse to answer the door. If they want to search, they can get a warrant. Until they do, you have no obligation to let them in your home. And arguably, the less they can see in your home, the better, since they can generate probable cause for a warrant when the door is open.

Private investigators have no authority to arrest anyone (besides a citizens arrest) as they are not cops.

 

[alohadave]

In general, the easiest way to deal with law enforcement is probably to answer their questions directly and succinctly to speed them on their way.

The best way is to not talk to the police without a lawyer present.

If they are investigating you, they think that you've done something and are looking for evidence of the crime. Everything you say to them will be used against you.

Additionally, in the US, if you are arrested, you must say that you are invoking your right to remain silent and that you will not talk to them without your lawyer present. Simply not talking can be interpreted as a response to questions.

 

[Devinter]

It's probably also worth mentioning that there have been many cases where the police has barged in anyways, and also many cases where someone in fact has been arrested under these exact circumstances when not granting them permission to come inside - but the police officers got reprimanded in some way afterwards (sometimes) due to acting inappropriately. So from a "writing an erotic story" standpoint, you could certainly swing it either way.

 

[alohadave]

Something to consider is your audience. Do they want or care about letter accurate police procedure or is a popular idea of how law enforcement work acceptable. Law & Order is generally awful at getting details right, but it's what people think of how the police work.

 

[madelinemasoch]

I'll explain more: I'm thinking of having a character be investigated for spousal abuse. The thing is, the same actions they're calling abusive aren't experienced that way by the recipient. It mirrors the real naysayers in my life compared to myself.

 

[Devinter]

I'll explain more: I'm thinking of having a character be investigated for spousal abuse. The thing is, the same actions they're calling abusive aren't experienced that way by the recipient. It mirrors the real naysayers in my life compared to myself.

Who's filing the report? Is it a suspicious neighbour or some close family member of the person that is 'abused'?

 

[HordHolm]

Important question: which country are you in? There are places in the world where they'll just batter down your door...

 

[Bamagan]

I'll explain more: I'm thinking of having a character be investigated for spousal abuse. The thing is, the same actions they're calling abusive aren't experienced that way by the recipient. It mirrors the real naysayers in my life compared to myself.

You may want to avoid the weeds on this.

More often than not, if the police get dragged into an allegation of domestic abuse, someone is going to jail, maybe everyone, at least pending charges (if any). Difficulties would only be compounded if the spouse in question shows evidence of physical trauma, regardless of the circumstances surrounding it (i.e., consensual whipping or whatever). The police are generally neither trained in making nuanced decisions in such instances, nor encouraged to try. They'll try to haul everyone in and let the higher-ups sort things out, if possible, which will probably require consultation with lawyers and psychiatrists and witnesses. It'll derail your story real fast, unless you want to explore the legal questions (and in which case, you'll need better research than asking the AH).

To echo @Devinter, their conduct on an initial visit will depend on what kind of report has been filed. Did someone report the spouse as missing? Did they pass any allegations of abuse on to the police? Was it just a nosy neighbor filing a noise complaint? In the first instance, they'd probably ask to speak to the spouse, and refusal would likely result in seeking a warrant, unless there's a good explanation at hand. If they have a credible allegation of potential abuse, they might well seek the warrant before the first visit. The neighbor complaint is the only scenario of the three where follow-up is unlikely.

 

[OverconfidentSarcasm]

I'll explain more: I'm thinking of having a character be investigated for spousal abuse. The thing is, the same actions they're calling abusive aren't experienced that way by the recipient. It mirrors the real naysayers in my life compared to myself.

So, this might be a stupid question, but in order to answer that, you'd first have to clarify where your story is taking place.

In most countries, a P.I. is nothing more than just another civilian. They have the exact same rights and authority as everyone else. However, some states in the US have special privileges for registered PIs, like Alaska or Texas, but those special privileges are solely for information gathering. Like, for example, they're exempted from DPPA laws, allowing them to look up license plate numbers without the need to provide a valid reason for why they want that information, which usually only official law enforcement members are allowed to do. So, unless they actually witness you do something illegal, they can't arrest you. In fact, if you tell them to leave and they don't, they have nothing to defend themselves against being charged with trespassing.

Police officers are, in that regard, the same. Without a warrant (either to search your property or to arrest you), and in the absence of imminent danger, they can't do much. Just ask them "Am I under arrest" and "Do you have a warrant". If the answer to both is not yes (not "no", because they will do their best to not say that out loud), you can just ignore them and continue in your day-to-day activities.
However, there sadly are those on the force who enjoy the powertrip. So, if your day-to-day activities involve picking up an axe to split some wood, be prepared for them to construe some crap about you grabbing a weapon...
I blame the lack or proper training for that.

 

[madelinemasoch]

You may want to avoid the weeds on this.

More often than not, if the police get dragged into an allegation of domestic abuse, someone is going to jail, maybe everyone, at least pending charges (if any). Difficulties would only be compounded if the spouse in question shows evidence of physical trauma, regardless of the circumstances surrounding it (i.e., consensual whipping or whatever). The police are generally neither trained in making nuanced decisions in such instances, nor encouraged to try. They'll try to haul everyone in and let the higher-ups sort things out, if possible, which will probably require consultation with lawyers and psychiatrists and witnesses. It'll derail your story real fast, unless you want to explore the legal questions (and in which case, you'll need better research than asking the AH).

To echo @Devinter, their conduct on an initial visit will depend on what kind of report has been filed. Did someone report the spouse as missing? Did they pass any allegations of abuse on to the police? Was it just a nosy neighbor filing a noise complaint? In the first instance, they'd probably ask to speak to the spouse, and refusal would likely result in seeking a warrant, unless there's a good explanation at hand. If they have a credible allegation of potential abuse, they might well seek the warrant before the first visit. The neighbor complaint is the only scenario of the three where follow-up is unlikely.

Thanks. I'm thinking of avoiding that plotpoint now. I guess I should clarify the rest of what happens, but I don't want to spoil it:



Do you think it'd be realistic in those circumstances for there to not be an investigation? No report, I guess, unless the authorities took it upon themselves. Also, can you see the spoiler?

 

[madelinemasoch]

So, this might be a stupid question, but in order to answer that, you'd first have to clarify where your story is taking place.

The story takes place in the USA, northern half of the country.

 

[OverconfidentSarcasm]

Do you think it'd be realistic in those circumstances for there to not be an investigation? No report, I guess, unless the authorities took it upon themselves.

If you're asking for realism... Law enforcement wouldn't take it upon themselves unless it's a small-town mentality with bored police officers, or they are somehow related to/involved with the victim.

 

[Bamagan]

Thanks. I'm thinking of avoiding that plotpoint now. I guess I should clarify the rest of what happens, but I don't want to spoil it:



Do you think it'd be realistic in those circumstances for there to not be an investigation? No report, I guess, unless the authorities took it upon themselves. Also, can you see the spoiler?

I couldn't see the spoiler, but it appears in the quoted text.

I would expect there to be an investigation, yes, although not all such incidents do get looked into. The scope of the investigation would probably be determined by how many other parties get involved (extended family, mostly).
There are too many ways for it to potentially play out to easily schematize, but offhand, the only ones that would not involve a fair deal of scrutiny would involve the hospitalized party consistently refusing to answer legal questions about the nature of the relationship or the reason for their attempt but still managing to convince their doctors that they are fit to return home without additional psychiatric treatment. If they're poor/uninsured and with no one else very concerned about their welfare, that may be a likely outcome.

 

[HordHolm]

I couldn't see the spoiler, but it appears in the quoted text.

I would expect there to be an investigation, yes, although not all such incidents do get looked into. The scope of the investigation would probably be determined by how many other parties get involved (extended family, mostly).
There are too many ways for it to potentially play out to easily schematize, but offhand, the only ones that would not involve a fair deal of scrutiny would involve the hospitalized party consistently refusing to answer legal questions about the nature of the relationship or the reason for their attempt but still managing to convince their doctors that they are fit to return home without additional psychiatric treatment. If they're poor/uninsured and with no one else very concerned about their welfare, that may be a likely outcome.

To add to your explanation, but am I right in thinking that there are jurisdictions in which the authorities can decide to proceed regardless of the non-cooperation of the victim?

 

[Bamagan]

To add to your explanation, but am I right in thinking that there are jurisdictions in which the authorities can decide to proceed regardless of the non-cooperation of the victim?

It could happen, sure, although it kind of depends on the specifics about the hospitalized party, the spouse, how strongly the investigating parties feel that they have either a legal or a moral obligation to get involved further, how much evidence there might be to convince a judge to allow continued intervention, etc. And of course, that's assuming none of the parties try to willfully subvert any laws, which is hardly a given.

 

[ShelbyDawn57]

No you will not be arrested for refusing to let the cops in or refuse to answer the door. If they want to search, they can get a warrant. Until they do, you have no obligation to let them in your home. And arguably, the less they can see in your home, the better, since they can generate probable cause for a warrant when the door is open.

Private investigators have no authority to arrest anyone (besides a citizens arrest) as they are not cops.

This ^^^^^

 

[MillieDynamite]

A PI can't enter your home legally without contacting the police and having them obtain a warrant. However, he can enter it illegally, gather information, and turn that over to the police. As long as he isn't acting as an agent of the police, the evidence will be admissible in court. (Though he might face a breaking and entering charge). A cop cannot get a search warrant solely on the grounds you are uncooperative. He can't gather evidence in your home by breaking and entering and using it against you. He can't have someone else enter your home illegally and gather evidence.

That isn't to say it doesn't happen, but if a cop or PI does gather information in an illegal manner, you'd have recourse and could have them arrested for it. If you're innocent of whatever, it isn't a big deal to allow them in unless you have other things you don't want them to find. If it's for a story, you'll have to figure out what they do and if they can use what they find or not, and if the person is innocent how they get their wrong set right.

 

[AchtungNight]

Unscrupulous cops have also been known to plant evidence of crimes, so keep that in mind and monitor any searches you allow. Also keep in mind that generally they don’t clean up after their searches and don’t care if the person permitting the search or tolerating it appreciates that.

One more thing- at the academy they taught us cadets that we needed to know what we’re after and where it might be. A gun is one thing, we can look for bullets too then. And if we happen to find drugs in the search process too, then it’s ok to seize them. But we can’t look for a magic elephant in a dresser drawer in which that elephant would not fit.

 

[Paul_Chance]

As a former cop...

It all depends on the details surrounding the call.

Is it a non-emergency welfare check? Is it a "suspicious activity" call? Is it a "fight in progress, people screaming". Each would generate both a different level of response and a different depth of investigation.

If the person refused to cooperate at the door, what happens from there all depends on the details of the call. That would range all the way from backing off completely and letting the specialized units take care of it to "I'll use my size 12 search warrant on the front door" as I call for the SWAT team and the hostage negotiators.

 

[madelinemasoch]

As a former cop...

It all depends on the details surrounding the call.

Is it a non-emergency welfare check? Is it a "suspicious activity" call? Is it a "fight in progress, people screaming". Each would generate both a different level of response and a different depth of investigation.

If the person refused to cooperate at the door, what happens from there all depends on the details of the call. That would range all the way from backing off completely and letting the specialized units take care of it to "I'll use my size 12 search warrant on the front door" as I call for the SWAT team and the hostage negotiators.

She doesn't call 911, she calls 988, the suicide hotline. The suspicious thing about it is the marked detail that she left her locked in the bathroom before it happened. That's the tip-off to the authorities that something smells fishy in their house.

However, I'm now thinking of not including that plot point at all, seeing as it would break from the realism.

 

[Kelliezgirl]

For what it's worth on this topic, for those in the US, and speaking as a non-lawyer who works with a bunch of lawyers, NEVER voluntarily consent to a search of your property. Be it your car, your house etc without first talking to a lawyer.
Also, if a police officer knocks on your door and wants to talk to you, if you decide to talk without a lawyer present, step OUTSIDE and close the door behind you.
If you allow them in ANYTHING they see is admissible as plain sight.
You might think you have nothing to hide but don't take the chance.

 

[Kelliezgirl]

It's probably also worth mentioning that there have been many cases where the police has barged in anyways, and also many cases where someone in fact has been arrested under these exact circumstances when not granting them permission to come inside - but the police officers got reprimanded in some way afterwards (sometimes) due to acting inappropriately. So from a "writing an erotic story" standpoint, you could certainly swing it either way.

Anything they find in those situations is inadmissible. Fruit of the poisoned tree.