How to Stop Cops From Using a “Welfare Check” to Search Your Home

About this Video

• Video Title: How to Stop Cops From Using a “Welfare Check” to Search Your Home
• Channel: Hampton Law
• Speakers: Jeff Hampton
• Duration: 00:18:42

Introduction

This video discusses the legal limits of police entry into a home under the guise of a "welfare check." Jeff Hampton, a former prosecutor, uses a real case study to illustrate how police might overstep constitutional boundaries and provides viewers with strategies to protect their rights.

Key Takeaways

• Knock and Talk: Police have an implied license for a "knock and talk," but this is a consensual encounter. Refusal to engage ends the encounter unless they have a warrant or exigent circumstances.
• Curtilage Protection: The area immediately surrounding your home (porch, etc.) has the same Fourth Amendment protection as the interior. Police presence on the curtilage without a warrant or exigent circumstances is a violation.
• Welfare Checks/Community Caretaking: The community caretaking function does not justify warrantless entry into a home unless a true emergency exists (exigent circumstances). A neighbor's claim about sleeping pills doesn't constitute an emergency.
• Qualified Immunity: If police violate Fourth Amendment rights during a knock and talk or illegal entry, they lose qualified immunity, opening the door to civil lawsuits.
• Recording Interactions: Always record police interactions on your phone to hold them accountable.