“Open Up!”: Can the Police Kick Down Your Door Without a Warrant?

By: John Guidry

Let’s say you’re inside your home. Let’s say the police are pounding on your front door. Let’s say the police are demanding entry because they have probable cause to arrest you. Let’s say you tell the police to piss off, and that you’re not letting them in. Let’s say the police kick down your door.

Is this legal? Notice what I didn’t say. I didn’t say they have a warrant. All they have is “probable cause” to believe you committed a crime.

The Answer: Unless there is a dire emergency, the answer is NO WAY.

Did the police break into your home without a warrant?

The home is the “Holy of Holies.” Call John today at (407) 423-1117.

The Case: Nieves v. State (The Bed Barricade)

We have the perfect real-life example in Nieves v. State, 2019 Fla. App. LEXIS 12095 (Fla. 2d DCA 2019).

• The Setup: Nieves’ girlfriend called the police claiming he beat her. She waited outside the hotel room for the police.
• The Standoff: Police arrived and decided they had probable cause to arrest Nieves for Domestic Battery (a misdemeanor). They knocked. Nieves refused to open the door.
• The Breach: Police got a key from management, but Nieves had braced the bed against the door.
  • The Result: One officer kicked the door. Others removed a window screen, grabbed Nieves, pulled him through the window, and handcuffed him after a struggle.

The Charge: Nieves was charged with Resisting an Officer Without Violence because he struggled while being pulled out of the window.

The Ruling: No Warrant, No Entry

The case boiled down to this: Was it legal for the officers to break into the room? If the entry was illegal, then Nieves cannot be guilty of Resisting, because the officer was not in the “lawful execution of a legal duty.”

The “Holy of Holies” Your home (or hotel room) carries the maximum protection under American law. The Fourth Amendment says the government cannot enter without a warrant.

• The Exception: The only way they can enter without a warrant is if there are Exigent Circumstances (an emergency).

Why the Police Lost: The Prosecutor argued there was an “emergency.” The Court laughed that out of the room.

1. Safety: The victim was outside the room and safe. Nieves was alone.
2. Flight: There was no back exit; he wasn’t going anywhere.
3. Destruction of Evidence: It was a battery case; there were no drugs to flush.

The Outcome: The Court ruled the entry was Unlawful.

“The warrantless entry by police into the motel room… was unlawful under the Fourth Amendment.”

Because the entry was illegal, the Resisting charge was thrown out.

John’s 2026 Update: E-Warrants & The “Lazy Cop” Defense

Note: In 2019, police might have argued it takes hours to get a warrant. In 2026, that excuse is gone.

1. The Rise of Instant E-Warrants In 2026, Florida police have access to Electronic Warrant Systems on their tablets and laptops.

• The Speed: An officer can type up an affidavit, FaceTime a judge, and get a digitally signed warrant in 10 to 15 minutes.
• The Defense: If an officer breaks down your door today without a warrant, we argue it wasn’t “exigency”—it was laziness. There is no excuse for skipping the warrant requirement when a judge is just a click away.

2. Robot Entry & Drone Breaching In Nieves, the cops physically pulled him out. Today, they might send in a drone or a robot dog.

• The Law: Do not be fooled. Sending a robot into your home is legally the same as sending a person. It is still a “Search” under the Fourth Amendment. If they fly a drone into your living room without a warrant, we file a Motion to Suppress just the same.

3. “Red Flag” Loopholes Since they can’t use “Exigency” for misdemeanors easily anymore, some officers now claim they are entering for a “Risk Protection Order” (RPO) or mental health check.

• The Tactic: They claim, “He sounded suicidal through the door,” to bypass the warrant requirement.
• The Defense: We pull the Body Cam audio. If you were shouting, “Get a warrant!” and not “Goodbye cruel world,” we expose the lie.

Get a Warrant

This is the United States of America. We do not allow police to roam free and barge into homes. If they want in, they need a piece of paper signed by a Judge.

Call me at (407) 423-1117. Let’s protect your castle.

About John Guidry II

John Guidry II is a seasoned criminal defense attorney and founder of the Law Firm of John P. Guidry II, P.A., located in downtown Orlando next to the Orange County Courthouse, where he has practiced for over 30 years. With more than three decades of experience defending clients throughout Central Florida since 1993, Guidry has successfully defended thousands of cases in Orange, Seminole, Osceola, Brevard, Lake, and Volusia counties. He has built a reputation for his strategic approach to criminal defense, focusing on pretrial motions and case dismissals rather than jury trials.

Guidry earned both his Juris Doctorate and Master of Business Administration from St. Louis University in 1993. He is a member of the Florida Bar and the Florida Association of Criminal Defense Lawyers. His practice encompasses the full spectrum of Florida state criminal charges, with a particular emphasis on achieving favorable outcomes through thorough pretrial preparation and motion practice.

Beyond the courtroom, Guidry is a prolific legal educator who has authored over 400 articles on criminal defense topics. He shares his legal expertise through his popular YouTube channel, Instagram, and TikTok accounts, where he has built a substantial following of people eager to learn about the law. His educational content breaks down complex legal concepts into accessible information for the general public.

When not practicing law, Guidry enjoys tennis and pickleball, and loves to travel. Drawing from his background as a former recording studio owner and music video producer in the Orlando area, he brings a creative perspective to his legal practice and continues to apply his passion for video production to his educational content.