QUESTION
Can police refuse to show a warrant to search your home?
Asked on Aug 11th, 2011 on Criminal Law - Massachusetts
More details to this question:
Can police enter your home without your permission and search for a wanted by warrant person and refuse to show the warrant?
26 ANSWERS
General Litigation Attorney serving Shelby Township, MI
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Law Offices of Jeffery A. Cojocar, P.C.
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Yes they can.
Answered on Jun 09th, 2013 at 9:10 PM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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In order to enter your house police must either have: 1) warrant, 2) a warrant exception (such as emergency circumstances where they can enter without a warrant), or 3) permission of the owner. If they have a warrant, you have a right to see it. If they refuse, have an attorney look into the matter for you to see if any rights were violated.
Answered on Aug 24th, 2011 at 4:35 PM
Personal Injury Attorney serving New Orleans, LA
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Bloom Legal LLC
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If the residence is yours and the police are searching for someone based upon a warrant, then they should be required to show it to you. If they do not, you may have an argument in court against anything discovered inside. This will be different in every case though so the result will depend upon the exact details of yours. If you are seeking legal representation in this matter in Louisiana, I invite you to contact my firm at the information on this page for a free case evaluation.
Answered on Aug 17th, 2011 at 7:48 AM
Transportation Attorney serving Mamaroneck, NY
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Palumbo & Associates, PC
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They are supposed to show you the warrant.
Answered on Aug 16th, 2011 at 6:30 AM
Criminal Attorney serving Bellingham, WA
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Andrew Subin Attorney at Law
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No. They have to show you a copy of the warrant.
Answered on Aug 15th, 2011 at 3:47 PM
If you have a case and police have searched your house, alleging they have a warrant or not, you should hire an attorney who will challenge the search in your criminal case.
Answered on Aug 15th, 2011 at 3:41 PM
Thomas Patrick Connelly
The rules on search and seizure are complex, and there are some scenarios where a police officer is permitted to enter your home without showing a warrant. Generally, however, a police officer should produce a warrant before entering your home - whether it is a warrant to search your home, or arrest someone the police believe to be in your home. If you face charges stemming from this incident, you should contact an attorney as soon as possible.
Answered on Aug 15th, 2011 at 3:33 PM
Search and seizure law is a complex issue. So the answer is sometimes yes and sometimes no. some of the factors or if the person they are searching for lived at that address, is they saw him enter the house and other factors. Contact an attorney in person with all the facts for the correct answer
Answered on Aug 15th, 2011 at 2:02 PM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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No. You need to be provided with a copy of the warrant.
Answered on Aug 15th, 2011 at 9:57 AM
You should be able to see the warrant.
Answered on Aug 15th, 2011 at 9:06 AM
Michael J. Breczinski
They have to have probable cause to believe the person is there and they eventually will have to show the warrant.
Answered on Aug 15th, 2011 at 7:41 AM
Appellate Practice Attorney serving Clinton Township, MI
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Thomas J. Tomko, Attorney at Law
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Thank you for your inquiry If a person who committed a felony or is known to have a warrant is fleeing police and ducks into your home, the exigent circumstance may justify entry without a warrant. So a warrant is not always needed. If a person has a warrant out for them and the police enter the home to get the person, then there is no duty for the police to show the homeowner the warrant. However, if there is a warrant to search the home, then the police should show the warrant, leave a copy, and leave an inventory of anything seized. I hope that this was helpful.
Answered on Aug 15th, 2011 at 7:31 AM
There are a few conditions where the police are permitted a warrantless entry. Sounds like the circumstance. If there was a warrant it seems unlikely the police would not show it but officers are permitted to exercise a warrant even if they are not in actual possession of the warrant. That is usually the case.
Answered on Aug 15th, 2011 at 7:14 AM
Roianne Houlton Conner
No, they are to show the warrant and allow the residence to read it.
Answered on Aug 15th, 2011 at 7:06 AM
Samuel H. Harrison
No. You should be shown the warrant and a copy of the warrant should be left with you or at the home.
Answered on Aug 14th, 2011 at 6:07 PM
Criminal Law Attorney serving Lancaster, NH
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Harden Law Office
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They should produce warrant upon request. If you are charged with anything they found it should be able to be suppressed. You may also have a civil claim. I do not do civil claims so consult a civil lawyer.
Answered on Aug 14th, 2011 at 6:01 PM
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They are supposed to have a warrant to search anytime they enter a home.
Answered on Aug 14th, 2011 at 5:36 PM
Divorce Attorney serving Little Rock, AR
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Law Office of Kathryn L. Hudson
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The answer is no. The police do not have the legal authority to search your home without a valid warrant specifying the areas to be searched and the things to be seized. They must show you the warrant or their entry is illegal and anything they obtain as evidence is not admissible. There are exceptions, if they were called to the residence for a legal purpose and obtained evidence that was in plain view. When serving and arrest warrant they are allowed to search the area within the control of a suspect for weapons but they do not have the right to turn the house upside down once the defendant has been secured.
Answered on Aug 14th, 2011 at 4:26 PM
Probably yes, if they have an arrest warrant, rather than a search warrant, and have reason to believe the subject of the warrant is in the home.
Answered on Aug 14th, 2011 at 4:01 PM
Criminal Defense Attorney serving Seattle, WA
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Eric Schurman Attorney at Law
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Whether or not they show you the warrant is not of much consequence. But (absent exigent circumstances) they cannot enter your home without consent or a warrant.
Answered on Aug 14th, 2011 at 3:46 PM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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I think not. Unless it's an emergency or safety issue.
Answered on Aug 14th, 2011 at 3:34 PM
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From your brief facts, it seems not. However, if the person lives in the house the police may enter the home based on the warrant. They may also enter if they had a reason to suspect danger to a person or evidence. Consult a lawyer.
Answered on Aug 14th, 2011 at 3:18 PM
Drug Charges Attorney serving Houston, TX
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Cynthia Henley
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They do not have to show you the warrant. They do not have to leave you a copy of the warrant. They must leave a copy of the inventory of items they take from your home. If you were arrested, your lawyer can get a copy of the affidavit as well as the warrant. The warrant won't really say much - it is the affidavit that contains the information upon which the judge relied to sign the warrant to search. (If you were not arrested, the warrant and return are supposed to be filed with the criminal district clerk's office. I say supposed to because many times the cops just don't bother - and even when there is a case filed, they have to be told to file it repeatedly.)
Answered on Aug 13th, 2011 at 1:16 PM
Wrongful Termination Attorney serving Huntington Beach, CA
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Nelson & Lawless
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They are required to show it. That doesnt mean that they will, or sit idly while you read it. You and I are required to go no more than 55 on the highway right. Do you? The remedy is that if you are arrested because of something they find during the search, you may have grounds for motions. The proper questions are, can any evidence obtained in a test, search or confession be used against you, and can you be convicted, and what can you do?
Answered on Aug 13th, 2011 at 12:55 PM
Criminal Defense Attorney serving Orange, CA
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Law Office of Joe Dane
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There is no requirement that they actually show the warrant, but one sure better be in place before they take action. Sorry about any typos -
Answered on Aug 13th, 2011 at 12:37 PM
Family Law Attorney serving Boston, MA
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Law Offices of Susan Correia-Champa
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No, unless it is a no knock warrant, you have a right to see the warrant.
Answered on Aug 13th, 2011 at 12:01 PM