I’ve seen a question posed in various places on social media the past few weeks:

I thought if anyone is qualified to answer this question it might just be the guy who is both a public defender and a writer of fantasy (with horror overtones in spots). So, what of it – can that vampire cop enter your house against your will?

Let’s start with the assumption that we’re talking about an American vampire cop here, so they’d have to comply with the Fourth Amendment to the Constitution, which prohibits “unreasonable” searches and seizures. It also requires a warrant to execute a search of a home. An arrest warrant will also allow police to enter a home, if they have the necessary suspicion that the person named in the warrant lives there.

A search warrant has to be based on probable cause that evidence of a crime is present in the place to be searched. It’s not a particularly high standard, not even up to the level of “preponderance of the evidence” used in civil proceedings (essentially 51% certainty) and a far cry from the “beyond a reasonable doubt” standard needed to convict someone of a crime. Warrants must be particular as to the things to be seized and the places to be searched. That’s supposed to prevent exploratory rummaging of the kind that occurred under “general” warrants in the pre-Revolutionary era. The application of all this in particular cases is tricky and what keeps me employed, but the basic concepts are easy to grasp.

Perhaps not quite so much for vampires, since their lore varies from telling to telling of particular stories. Nonetheless, there does seem to be a consensus that vampires require permission before they can enter a home. According to this article it dates back to at least the 17th Century and a Greek theologian who stated that a way to be safe from vampires was to stay at home, as they couldn’t enter without being invited. But why? One explanation is that the rule “reflects the idea that evil, represented by vampires, can’t harm you unless you allow it to. It’s a choice, an act of free will.” Tough shit if you get taken in by a slick talking blood sucker then!

With that said, let’s set the scene – Detective Angel and Lieutenant Louis show up at your home. As vampires they cannot come in uninvited. Fun fact – as cops, they can’t either! Except, of course, they have a search warrant, which they do (it allows them to search for any and all implements relating to killing the undead). Does the warrant let them in even if you don’t invite them?

The basic answer, I think, is “no.” The law is the law, but the rule that vampires can only enter with an invitation operates more like a law of nature. Police could no more get a warrant to stop the tides or keep the sun from rising than they could to allow a vampire entrance to a home without an invitation. Nor are warrants commands to someone to allow police into your home – they are permission for the police to enter using any means necessary, hence SWAT teams and knocking down doors in the middle of the night.

But the basic answer is not the only answer. For one thing, if we’re assuming a world with vampires – vampires who are police, no less – then presumably the law has made some accommodation for this. Can a court, as part of issuing a search warrant, compel a homeowner to give permission for the vampire police to enter? I don’t see why not. Courts frequently order people to do things they otherwise don’t want to do, including things like provide blood samples and fingerprints. This doesn’t feel any different and doesn’t lean into that kind of acquiescence that might trigger Fifth Amendment self-incrimination concerns (like giving up the password to your phone).

For another, who gets to give consent to enter and how much consent is enough? Many years ago the Supreme Court decided a case where police showed up to a home in response to a domestic dispute. They asked for permission to search the home – the husband denied it, the wife consented. Police searched the home and found drug paraphernalia. The Supreme Court ultimately held that the search was invalid because so long as one person present when the request for consent was made objected to the search, it didn’t matter what anybody else said. In such situations, police had to go get a warrant.

So what if, when our vampire police walk up with their warrant, you’re willing to invite them in but your significant other who also lives there is not? Does the Supreme Court’s rule for the Fourth Amendment carry over to vampire invitations? Or is it a one-person-to-a-home situation? I’m leaning towards the latter, since, as I understand it, once a vampire is invited into a home it is forever invited, implying that consensus among the occupants isn’t necessary.

What makes the question fun to ponder is the clash of what seems like two absolutes – a warrant permits entry versus a vampire’s need to be invited. But that rests on the presumption that the law wouldn’t evolve to account for the fact that (a) vampires were real and (b) they worked in law enforcement. The Founders didn’t imagine automobiles, but the Supreme Court figured out how the Fourth Amendment interacted with them. Same with cell phones. I have no doubt that a legal system that’s been in a constant state of evolution since at least the Magna Carta would figure out how to deal with vampire detectives.

But until then? Ask to see the warrant, then keep your mouth shut, unless you’re asking for your lawyer.