how do police get a warrant to enter your home?

Question

do i have to be guilty of something for this to happen?
and what if i don't answer the door?

Answer 1

tv licence again ?

Answer 2

Presuming you live in England or Wales:

Although it depends to a certain extent on what the police want the warrant for the basic procedure is:

The police complete a form called an 'Information', which gives the details of the evidence / intelligence which give the grounds for the search.

The officer in the case takes it to a Magistrate - usually there is a period before Court starts for the day when htis is done, but one can be obtained 'out of hours', sometimes going to see the Magistrate in their own home.

The officer then 'lays the information', which means they take an oath or an affirmation (depends on religious belief or lack of same) that they contents are true. The Magistrate then decides whether or not to grant it, and there you go.

Now, you need to be aware that police do not always need a warrant to enter or search your home. There are powers under sections 17,18 and 32 of the Police and Criminal Evidence Act (PACE) which allow police to enter your home without a warrant.

s.17 is mainly about 'saving life and limb' and 'pursuit of an offender'. If they have reasonable grounds to believe that an offender is on the premises then they can enter and make a reasonable search (i.e. NOT in drawers, but could look in wardrobes).
s. 18 is about searching premises after an arrest for an 'arrestable offence' e.g. theft. Police can search premises for objects connected with the offence or another, similar arrestable offence. So if your arrested for shoplifting, police can go to your house to search for anything else that you might have 'lifted'.

s.32 basically says that when you are arrested, police can search the premises where you were at the time of, or immediately before the arrest.

You don't want to open the door and the police have a warrant or are using their PACE powers? I would if I were you since they can, and do, use force to enter and you will often not be eligible for compensation if the warrant is a shown to be a 'good' one - i.e. the evidence for obtaining it was good, reliable information and not malicious.

I could go on, but I hope that answers your question.

Answer 3

1

Answer 4

I am a police officer with 11 years of experience - approximately eight of line experience and 3 as a detective and assigned to a special enforcement team. I have plenty of first hand experience when it comes to obtaining warrants, so here is how it goes.

The police officer first decides that he believes that a search of your house is needed. The reason that the police want to search your house can be anything from they believe you are selling drugs to they believe you committed a murder. In the long run it does not matter why they want to search, once the police decided they want to search they seek a warrant.

To obtain a search warrant a peace office prepares an AFFIDAVIT in which he details the reasons that he feels a search of your house is warranted. The officer must provide the specific reasons that he wants to search and must explain in detail what he will be searching for. It is not sufficient to say that the police believe that you are / have committed a crime, they must be able to detail why they believe that.

The officer must detail his expertise as it relates to this case and there must be legal grounds for a warrant to be issued. In California the usual reasons a warrant will be issued are: The police are looking for (1) stolen property (2) evidence related to a felony (3) evidence of sexual exploitation of a child (4) a wanted person (5) evidence related to a crime that is going to be committed.

Once an officer establish probable cause, sufficient expertise and legal grounds, the office presents the warrant to a judge who reviews it and either authorizes the entry and search or denies it.

If the warrant is authorized the police will come and search. If you refuse to answer the door they have the legally authority to break it open and will likely do so.

Answer 5

First the officer has to have enough probable cause. Then the officer must fill out a warrant affidavit, and submit it to the proper court. A judge must then review the affidavit and determine if enough probable cause exists. On the question of if you don't answer the door. That all depends on the type of the warrant. If the warrant is a no knock warrant the officers can just break the door down weather you are there or not. The other warrants they have to knock and you have to answer if you don't all the officer has to do is call the judge and have the judge change it to a no knock warrant.

Answer 6

If you're in the UK, the Police go to a magistrate with their evidence and it is them who decides whether or not they grant access to your home. However, if someone is arrested and they live with you etc. if the Police believe that searching their usual home address would reveal more evidence, then they can enter that premises (even though it's YOUR home), by force in necessary (ie if you don't reply, or if there's no one home) - this is not a warrant as mentioned above, but an entry into your home under section 18 of the Police and Criminal Evidence Act. And no, you don't need to be guilty. Reasonable suspicion is all that is required. It should all be explained in the warrant or search booklet that is left at your home.

Answer 7

"TRUST ME"
1st they must think you're guilty of something, then they find a judge and tell him they have "probable cause" to search your house for whatever they're looking for (evidence). The warrant must have a name, what they're looking for,and where. If you dont answer, they can kick the door down . they must show you the warrant before entering. if they find anyting (not in plain sight) from an area "not covered in the warrant " they cant use it against you and yes POLICE WILL LIE ,SO GET A LAWYER
GOOD LUCK
SIGNED "THE CAT"

Answer 8

If the police have a reasonable belief you may be doing something and have a witness that says you are, or some evidence that leads them to beleive you may.

They fill out a form to request a warrant, they sign it and go before a judge to get him to sign it.

They may see him in his chambers when he is not in court, or ask him to sign it between cases or on breaks from cases.

Some sing them more easier than others.

Once they sign it they can search.

the answer door will depend on what the warrant says, many are "no knock" warrants today, they can just break the door in first if they want to.

Answer 9

They get the warrant from a judge. If they have a warrant and you do not answer the door then they will just come on in. If they dont have a warrant and you dont answer then there is nothing they can do, unless given probable cause.

Answer 10

Judge grants on the basis of probable cause. Let's see it is write saying the police are warranted to search for specific items. Tell them Yahoo answers says you don't have to open the door and find out what happens.

Answer 11

Warrants are usualy granted at court. No you dont have to be guilt of something. Police must justify the warrant at court for it to be issued. Warrant mostly include powers of entry. So if you dont answer they will open the door for you.

There are also other powers providing police the power of entry to your home without the need of a warrant.