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Old 08-10-2008, 11:03 PM   #1
Createrson
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Default If the cops come to my apartment door do I have to open my door to them?

I'm a smoker, not a grower. If the cops come do my apartment door do I have to answer to their knock or can I just wait for them to go away?

Here's the hypothetical I'm wondering about:

>a lot of marijuana is being smoked in my apartment by several people

>i live in an enclosed building on the fourth floor. The scent of marijuana seeps out from under my door and out into the enclosed hallway. The scent is strong. The scent is noticeable to anyone who happens to be in the hallway of my building. You would smell it and if not that person would be brain dead, it's so noticeable

>the apartment manager smells it. The apartment manager calls the police. The police arrive. The apartment manager greets the police. The manager gives the cops a 'lead'. She tells them that the smell of smoked marijuana is probrably coming from my unit. The cops proceed to investigate. They come to the front door of my unit and stand inches away from my apartment door. Though impossible to ascertain with absolute certainty (there are many other units on the same floor), they determine that the smell of marijuana is most likely, in their opinion, coming from my apartment. They can hear our voices through the door, and maybe hear the sound of music, too. The music is not loud, it is not impacting other tenants, it's at medium volume, but still discernible to anyone who gets up close to my door. It's apparent to them that someone is inside my apartment

>The cops knock on my door. They say, "POLICE! OPEN UP!" I don't open the door, I don't answer the door. I sit tight. I have a camcorder attached to a tripod. I place it facing the door. I turn my camcorder on to record the moment. Thinking that if they ever come inside my apartment they'll 'accidentally' knock the camcorder to the floor, I reach for my little digital voice recorder. I turn it on. I place it out of sight, out of mind. The police continue to knock and knock hard over and over again. Their patience wears out and they yell that they won't leave until someone opens the door. They continue to pound away on the door with their nightsticks. The sound of the pounding frays our nerves but we decide to sit tight, to not answer the door, and instead we cross our fingers and wait for them to hopefully go away

Question: Does the law dictate that I have to open the door to talk to the police when they come knocking in a scenario like this? I live in California. I am not on probation. I have no criminal record that relates to drug activity. I have no warrants out for my arrest.
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