Constitutional Attorney and Author John W. Whitehead and his wife, Nisha Whitehead of the Rutherford Institute explained what to do when federal COVID-19 vaccination strike force teams come knocking on your door.
Will you let them in? Are you required to open the door?
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The Biden Administration has announced that it plans to send federal “surge response teams” on a “targeted community door-to-door outreach“ to communities with low vaccination rates in order to promote the safety and accessibility of the COVID-19 vaccines.
That’s all fine and good as far as government propaganda goes, but nothing is ever as simple or as straightforward as the government claims, especially not when armed, roving bands of militarized agents deployed by the Nanny State show up at your door with an agenda that is at odds with what Supreme Court Justice Louis Brandeis referred to as the constitutional “right to be let alone.”
Any attempt by the government to encroach upon the citizenry’s privacy rights or establish a system by which the populace can be targeted, tracked and singled out must be met with extreme caution. These door-to-door “visits” by COVID-19 surge response teams certainly qualify as a government program whose purpose, while seemingly benign, raises significant constitutional concerns.
First, there is the visit itself.
While government agents can approach, speak to and even question citizens without violating the Fourth Amendment, Americans have a right not to answer questions or even speak with a government agent.
Courts have upheld these “knock and talk” visits as lawful, reasoning that even though the curtilage of the home is protected by the Fourth Amendment, there is an implied license to approach a residence, knock on the door/ring the bell, and seek to contact occupants. However, the encounter is wholly voluntary and a person is under no obligation to speak with a government agent in this situation.
Indeed, you don’t even need to answer or open the door in response to knocking/ringing by a government agent, and if you do answer the knock, you can stop speaking at any time. You also have the right to demand that government agents leave the property once the purpose of the visit is established. Government officials would not be enforcing any law or warrant in this context, and so they don’t have the authority of law to remain on the property after a homeowner or resident specifically revokes the implied license to come onto the property.
“Experience teaches us to be most on our guard to protect liberty when the government’s purposes are beneficent.”—Supreme Court Justice Louis D. Brandeis
When the government’s actions go beyond merely approaching the door and knocking, it risks violating the Fourth Amendment, which requires a warrant and probable cause of possible wrongdoing in order to search one’s property. A government agent would violate the Fourth Amendment if he snooped around the premises, peering into window and going to other areas in search of residents.
It should be pointed out that some judges (including Supreme Court Justice Gorsuch) believe that placing “No Trespassing” signs or taking other steps to impede access to the door is sufficient to negate any implied permission for government agents or others to approach your home, but this view does not have general acceptance.
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