“Police! Open Up!”: How Long Must They Wait Before Breaking Down Your Door?

By: John Guidry

What happens when you agree to “free consultations?” You get lots of interesting questions. I should parley these into a stand-up routine, but confidentiality rules ruin all the fun.

• The Competition: My stories are nothing compared to astronauts.
  • Me: “I won a trial in Orlando.”
  • Astronaut: “Reminds me of the first time I drove a rover on the Moon.”
  • Astronaut trumps everything. (Though Jim Gaffigan argues the Pope trumps everyone: “Oh, your son is a doctor? My son is the Pope. He has his own city.”)

The Emergency Question: As a criminal defense attorney, I often get the panicked call: “The police are at my front door, should I open it?”

• The Rule: American citizens are not required to get up from the sofa, pause the game, and put on pants just because a cop knocks. You have no constitutional duty to answer the door.
• The Exception: If they have a Search Warrant, and you don’t answer, your front door may cease to exist.

But how fast can they break it down?

Did the police bust down your door without giving you time to answer?

The evidence might be suppressed. Call John today at (407) 423-1117.

The Law: The “Knock and Announce” Rule

Florida has a specific rule for this found in Section 933.09, Florida Statutes. It says an officer may break open a door to execute a warrant ONLY IF:

1. They give Due Notice of their authority and purpose (Knock & Announce).
2. They are Refused Admittance.

The Catch: Refusal can be “implied” by silence. But how long must they wait for that silence to count as a refusal?

The Case: Richardson v. State (The 5:30 AM Wake-Up Call)

To understand the limits, let’s look at Richardson v. State, 787 So. 2d 906 (Fla. 2d DCA 2001).

• The Scene: Police arrived at Richardson’s home at 5:30 AM to execute a drug warrant.
• The Action: Eight officers bunched up, knocked three times, and yelled “Police, Search Warrant.”
• The Breach: They waited Ten Seconds. Then they used a battering ram.

The Issue: Was 10 seconds enough time for a sleeping person to wake up, realize what was happening, and open the door? Or was the “refusal” fabricated by the police rushing the process?

The Ruling: The Appeals Court overturned the conviction and suppressed the drugs.

• The Logic: The law requires “some quantity of time, sufficient under the particular circumstances, be permitted for an occupant to respond.”
• The Verdict: At 5:30 AM, it is reasonable to assume people are asleep. Ten seconds is hardly enough time to wake up, let alone walk to the door. Therefore, the police were not “refused admittance”—they just didn’t wait.

The “Time” Spectrum: 10 vs. 20 Seconds

Do not rely too heavily on “Ten Seconds” as a magic number. The courts look at the Totality of the Circumstances.

• Too Short: In Spradley v. State (2006), a 15-second delay was considered unreasonable.
• Just Right: In Mendez-Jorge v. State (2014), a 20-second wait was upheld as reasonable.
• Context Matters: In U.S. v. Banks (2003), the Supreme Court said 15-20 seconds was okay because the suspect could have easily flushed the cocaine in that time.

The Lesson: If they come at noon when you are awake, 15 seconds might be enough. If they come at dawn, they better wait longer.

John’s 2026 Update: Smart Doorbells & Body Cams

Note: In 2001, we had to guess how long they waited. In 2026, we watch the tape.

1. The Ring/Nest Doorbell Defense In 2026, almost everyone has a camera at the door.

• The Scenario: The police knock. You aren’t home (or are in the back), but you get the alert on your phone. You speak through the app: “I’m coming! Don’t break it!”
• The Legal Fight: If the audio log proves you acknowledged them and asked for time, and they swung the ram anyway, we argue they were NOT refused admittance. They knowingly destroyed property despite your verbal compliance.

2. Body Cam Timestamps (No More Guessing) In Richardson, testimony about “10 seconds” was an estimate.

• The 2026 Reality: Every officer wears a Body Cam. We can see the exact millisecond the fist hit the door and the exact millisecond the ram swung.
• The Strategy: We scrutinize this timeline. If the timestamp shows they waited 8.5 seconds at 6:00 AM, we file the Richardson motion immediately.

3. “No-Knock” Warrant Scrutiny After high-profile tragedies, judges are now much stricter about issuing “No-Knock” warrants (where they don’t have to wait at all).

• The Defense: If the police didn’t get a No-Knock provision signed by the Judge, but they treated it like one by breaching in 5 seconds, the search is illegal.

Don’t Let Them Rush the Constitution

The entry of a home is a serious intrusion. If the police didn’t follow the rules, the evidence found inside shouldn’t count.

Call me at (407) 423-1117. Let’s count the seconds.

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.