What would you do if an IRS agent forced his way into your house? By the way, it’s not standard practice for the IRS to make in-person appearances unannounced to discuss tax returns.
“Forcing” may be subjective here. In states with Castle Doctrines if someone enters your home without your permission you may reasonable assume they are intent on murder or grievous body harm and respond accordingly. Just saying. I would most likely stick with “show me your warrant.”
They would have to “force” their way in. I wouldn’t be opening the door to them.
IANAL, but based on Branca’s Law of Self Defense book and classes, I believe this is not an accurate description of Castle Doctrine. I do NOT recommend following this statement as valid legal advice.
The only aspect of a self defense claim that Castle Doctrine affects is that you have no duty to retreat when in your Castle domain (home and curtilage for all states, business or vehicle for some states). You still have to reasonably perceive an imminent threat of death or serious bodily harm to justify use of deadly force.
It may vary from state to state, but in NC that is the way the law is written.
Very interesting. NC also recognizes both workplace and vehicle in the relevant law.
For those in NC who want the details, the law is NC Statutes §14-5-.2
Not that the law should be used as an excuse to do something otherwise stupid.
Reading that story I feel like I’m in medieval England or something. The overlords are sending their troops to collect. Perhaps it’s time to rally a few modern day Robin Hood.
Did an IRS agent force his way in, in this case? I don’t see it.
Didn’t sound like he physically forced his way in but apparently lied and deceived the person in order to gain access.
Hmmm New Jersey… Raise your hands above your head & run around in circles yelling help,help help
Invite them in for tea and biscuits, then as the water on the kettle boils light off the claymore’s under the table… Tab-u-late that calculator man!
I know police are allowed to use deception in interrogations (Frazier v Cupp). Does that extend to IRS agents seeking to gain entry to a private household? I hope not.
I have to wonder if this is going to become normal. In the not too distant past we were always told that the IRS does not call or show up at your house, and that anyone doing such was a scammer.
I guess this is yet another new norm???
I would say they have no more right to gain entry to your home without a warrant than any other government entity. Key is for the resident to NOT invite them when they’re knocking at the door.
Right, I’m just curious whether IRS agents are allowed to deceive home owners / occupants in order to gain access to the home.
In other words, if a citizen it taken to court based on something an IRS agent found when he tricked an occupant into allowing entry, would that evidence be permitted in court? Are they allowed to flat-out lie in order to gain entry?
No IRS agent, or police officer for that matter, is going to be honest and say “Would you invite me in so I can look for any information I might be able to use against you?”
Am I the only one who would call my attorney then shut up?
If I don’t know someone, I’m not inviting them into my home. There is nothing you can say to make me do so. So unless they identify themselves as law enforcement or some agency and provide a warrant, they’re not coming in…don’t care how deceptive they may be. Not under any obligation to allow anyone into my home unless they have legal authorization, i.e. warrant, to do so.
Yeah, but you’re not an Igno-American.
What a terrible thing to write @Don102 . I am shocked and surprised at you! You know better than that.
You know that the backblast will totally destroy your dining room! Have you no concern for your belongings? Dear me!