QUESTION
Are law enforcement able to raid peoples homes?
Asked on May 06th, 2011 on Criminal Law - New York
More details to this question:
I was wondering is there any time frame that law enforcement able to raid a house? What if the people they are raiding has infant children. Are law enforcement able to raid peoples home 24-7?
21 ANSWERS
The 4th Amendment to the U.S. Constitution protects citizens from unreasonable searches and seizure by the police. Absent certain limited exceptions, the police cannot "raid" a home without a warrant. Once a search warrant is authorized, the police can execute the warrant at any time. If you want further information, contact us.
Answered on May 12th, 2011 at 9:21 AM
Personal Injury Attorney serving Omaha, NE
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Chandler Conway, P.C., L.L.O.
No, in general, in order for law enforcement to enter a home they must either have a search warrant, probable cause & exigent circumstances, or be invited in.
Answered on May 11th, 2011 at 9:41 AM
Wrongful Termination Attorney serving Huntington Beach, CA
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Nelson & Lawless
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Of course. Havent you seen it on the TV news every week? It can be done anytime with a warrant, or in pursuit of a criminal they see enter the place.
Of course you can fight it. If it happens, and you are arrested or charged with any crime, the proper questions are, can any evidence obtained in a search or confession be used against you, and can you be convicted, and what can you do? Raise all possible defenses with whatever admissible and credible witnesses, evidence and facts are available for legal arguments, for evidence suppression or other motions, or at trial. While this isn't a 'capital case', you certainly face potential jail and fines, so handle it right. Effective plea-bargaining, using those defenses, could possibly keep you out of jail, or at least dramatically reduce it. Go to trial if it can't be resolved with motions or a plea bargain. There is no magic wand to wave and make it all disappear. Not exactly a do it yourself project in court for someone who does not know how to effectively represent himself against a professional prosecutor intending to convict and jail you. If you don't know how to do these things effectively, then hire an attorney that does, who will try to get a dismissal, diversion, reduction or other decent outcome through plea bargain, or take it to trial if appropriate. If serious about hiring counsel to help you in this, and if this is in SoCal courts, feel free to contact me. Ill be happy to help use whatever defenses there may be.
Answered on May 10th, 2011 at 10:44 AM
Sam Louis Levine
If exigent circumstances or other circumstances exist that would give rise to the specific need for a law enforcement raid.
Answered on May 10th, 2011 at 10:17 AM
As long as the raid is done legally than yes it can be done at any time. Basically as long as there is a valid warrant for the raid it would be deemed legal.
Answered on May 10th, 2011 at 9:54 AM
Criminal Attorney serving Bellingham, WA
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Andrew Subin Attorney at Law
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If police have a valid search warrant, they can enter your house at any time of day.
Answered on May 10th, 2011 at 9:48 AM
Personal Injury Attorney serving New Orleans, LA
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Bloom Legal LLC
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If law enforcement officers have a warrant to search your home then they are not required to give you any sort of notice before coming to do so. There will likely be a deadline on the warrant by which they will have to have conducted the raid but there is no requirement for notice or that it take place during business hours or something like that.
Answered on May 10th, 2011 at 9:37 AM
Litigation Attorney serving Kalispell, MT
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Law Offices of Scott G. Hilderman PC
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Baring an exception to the warrant requirement as set forth in the Fourth Amendment to the U.S. Constitution such as "hot pursuit", law enforcement would be required to get a warrant executed by a judge issued upon a showing of probable cause, a search warrant or an arrest warrant. If they have a search warrant they must execute that in day light hours unless they request an exception and the judge grants it. If they have an arrest warrant they may execute it at any time of the day. The fact that there are infant children in the home does not have any effect on their ability to obtain a warrant.
Answered on May 09th, 2011 at 12:48 PM
Theodore W. Robinson
Yes, they are able to raid at any time - depending upon the circumstances. Children should not be in a place that is likely to be raided, so the parent who puts them in such a situation stands to lose them if a raid occurs. Best to get them out of that house or apt.
Answered on May 09th, 2011 at 12:31 PM
Criminal Law Attorney serving Howell, MI
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Law Offices of Jules N. Fiani
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Yes they are able to if they have a search warrant or an arrest warrant.
Answered on May 09th, 2011 at 12:28 PM
With the proper warrant they can. They can only search without a warrant if the person living there is on probation or parole.
Answered on May 09th, 2011 at 12:03 PM
Appellate Practice Attorney serving Clinton Township, MI
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Thomas J. Tomko, Attorney at Law
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There is a right to be secure in your home absent issuance of a warrant based on probable cause. Exigent circumstances, immediate safety, flight, are reasons that could be asserted as exceptions. A child in the home is not a bar to execution of a warrant. Complaint about the time of execution of a warrant could be made if based on harassment or some other reason, however, the likelihood of success is suspect. I hope that this was helpful.
Answered on May 09th, 2011 at 11:57 AM
Geoffrey MacLaren Yaryan
Police must have a search or arrest warrant to enter someone's home without their consent.
Answered on May 09th, 2011 at 11:40 AM
Criminal Law Attorney serving Lancaster, NH
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Harden Law Office
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It depends, the constitution says no unreasonable search and seizures, so generally no police are not allowed to raid a home. However, if a warrant is issued or under special circumstances police may break in. The presence of children will not make a difference unless the police are claiming an exigent circumstance due to the infant.
Answered on May 09th, 2011 at 11:38 AM
Criminal Law Attorney serving Chicago, IL
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Law Offices of Steven R. Decker
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Most law enforcement officers, with a warrant, prefer to do a raid at 6::00am when the occupants are home. They can raid at anytime also without a warrant if in "hot pursuit".
Answered on May 09th, 2011 at 11:30 AM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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Law enforcement can only enter your home if 1) they have permission, 2) they have a valid warrant, or 3) a warrant exception. It doesn't matter whether there are children present or not regarding whether they can enter the home.
Answered on May 09th, 2011 at 11:08 AM
Criminal Law Attorney serving Oakland, CA
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Dennis Roberts A Professional Corporation
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If the warrant doesn't say "valid for nighttime service" it is only good until 10 p.m.
Answered on May 09th, 2011 at 11:06 AM
Civil Practice Attorney serving Encinitas, CA
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Law Offices of Ramona R. Hallam
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Law enforcement can "raid" your home by obtaining a search warrant. The search can take place at any time of day or night. Police do not have to wait until you are awake and alert to enter. In some cases, it almost makes more sense to "raid" at night, particularly when people are sleeping who might be dangerous when awake.
Answered on May 09th, 2011 at 11:05 AM
Criminal Defense Attorney serving Temecula, CA
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Joseph A. Katz Attorney at Law PLC
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Only with a search warrant or in hot pursuit of a fleeing felon. There are certain other exigent circumstances that allow law enforcement to enter someone's home without a warrant, but they are limited.
Answered on May 09th, 2011 at 10:59 AM
Most search warrants specify that the police can not enter a home before 6 AM.
Answered on May 09th, 2011 at 10:53 AM
Personal Injury Attorney serving New York, NY
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Rothstein Law PLLC
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If the police obtain a no-knock search warrant or there are exigent circumstances.
Answered on May 09th, 2011 at 10:34 AM