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“Open up, it’s the police!” 👮

“Open up, it’s the police!” 👮

Hey there!

It’s Mike, your favorite lawyer here 👋 

Fun fact: I’ve just been on a trip to Japan! I learned all about how Japan does law. Spoiler alert: There are a few weird surprises (but more on that later)...

First, let’s talk about why we’re really here. My mission with this newsletter is to keep you empowered and informed when it comes to your rights. 

Every week, you’ll learn a legal gem that might just come in handy when you least expect it.

This week, you’re gonna learn your rights if the police come knocking at your door!

When can the police enter your home?

Imagine this: You’re at home. You’ve been scrolling TikTok for 4 hours straight. Suddenly, you hear banging at the door. 

“IT’S THE POLICE, OPEN UP!”

What do you do?

1. Ask to see a warrant

Stay calm. The police can't just waltz into your home without a good reason. In most cases, they need a warrant to enter.

The Fourth Amendment gives you the right to protect your home from unreasonable searches, so before you even crack the door, ask to see the warrant.

No warrant? No entry. It's that simple. Keep the door closed, and don’t consent to anything.

You can say: “Officer, I can’t let you inside without a search warrant.”

Are there exceptions?

Yep, there are some rare occasions when the cops can enter your home without a warrant, including:

  • Consent: If you invite them in (so don’t do that).

  • Hot pursuit: If they’re chasing someone into your house.

  • Plain view: If they can clearly see something illegal in your house. 

  • Emergency: If there’s an urgent safety issue or they think evidence might be destroyed.

2. Record and never consent

So you’re thinking, "I’ve got nothing to hide, right?" Cool, but that doesn’t mean you should let the cops walk all over your rights.

This is important: Even if they try to sweet-talk you, don’t give in and let them inside. Be polite but firm - make it clear you don’t consent to them entering. Say it out loud, so it’s on the record.

And don’t forget to record everything, whether it’s with your doorbell cam or just your phone. You’ve got the right to film police while they’re on duty. Just keep your phone handy, hit record, and make sure you’re saying everything loud enough for the camera to catch it. If they come in without a warrant or your consent, boom - you’ve got the whole thing on camera for evidence. 

Remember: If they come in without a warrant, your consent, or a legitimate reason, they might be violating your rights, and you could take legal action.

3. Looks like they’ve got a warrant

Okay, they’ve got a warrant. What now? First, ask to see it and make sure it actually has your address on it.

Even if they’re coming in, you don’t have to answer any questions. In fact, you can (and should) calmly say, “I invoke the 5th and want to speak to a lawyer”.

Mike’s 5th Amendment 101

The 5th Amendment is your right to stay silent. It means you don’t have to answer any questions from law enforcement that could get you in trouble.

So, if the cops are asking, just say, “I’m invoking the 5th,” and they’ve gotta stop grilling you. It also means you don’t have to tell them where things are in your house or tell them any passwords for your laptop or phone.

Japan’s weirdest laws

Wherever I go, I’m always on the lookout for strange laws and sneaky loopholes. 

Tokyo didn’t disappoint. I may or may not have learned about these quirky laws the hard way...

1. No ice cream in the letterbox

In Japan, it’s actually illegal to put ice cream (or anything else that could mess up the mailbox) into a letterbox. 

Article 78 of Japan’s Postal Law makes it clear: no damaging postal property or messing with the mail. 

And they’re serious about it. If you’re caught breaking this law, you could face up to 5 years in prison or a fine of 500,000 yen (around $3,300 USD).

2. No smoking while walking

In Tokyo, smoking while walking is a big no-no. Smoking on the streets is strictly prohibited in many areas.

You can only smoke in designated areas. Some are fancy glassed-in spots, while others are just marked with a smoking symbol. Either way, you’re not going to miss the signs.

Break the rules, and you could be hit with a fine of up to 300,000 yen (around $2,000 USD). Even businesses get in trouble if they don’t put up the proper signs, with fines going as high as 500,000 yen (around $3,300 USD).

There are apps to point you toward the nearest smoking spot, so you can avoid coughing up a hefty fine!

3. You can’t disable the shutter sound on Japanese phones

You can’t turn off the shutter sound on smartphones. No matter where you are, that click is always there... art galleries, ceremonies, everywhere.

Why the noisy feature? It’s actually a legal requirement to prevent sneaky, non-consensual photography. The sound is supposed to give everyone around you a heads-up when you’re snapping pics.

By law, manufacturers have to make sure you can’t turn the shutter sound off, but people still find ways to mute it with clever apps. Here’s the weird part: it’s not even illegal for people to download these apps that get around it.

4. Hands off the flags

In Japan, messing with a foreign flag can actually get you into serious trouble. If you damage or disrespect one, you could be looking at up to two years in prison or a fine of 200,000 yen (about $1,300 USD).

But here’s the kicker: You can mess with Japan’s own flag, and no one’s going to bat an eye (unless it’s not your property).

It’s worth mentioning that the only time you’ll be prosecuted for damaging a flag is if the foreign country itself asks Japan to take legal action.

So yeah, Japan’s one of the few places where foreign flags get more protection than their own. Gotta admit, that’s a pretty quirky legal twist!

That’s it for today. Until next Tuesday, this case is closed.

But if you’re hungry for more legal insights already, make sure you go check out some of my recent posts… links are at the bottom of this email!

Speak soon

Mike

Hungry for more legal insights?

If you’re in the mood for more legal knowledge (I know I always am), you don’t want to miss some of my favorite posts: