Is it legal?

Question

Is it legal for autorities to go in house with a warrant if the owners of the house has not seen the actual warrant?

Answer 1

As long as they have proof of the warrent when you go to court, they are covered. All they have to have is the signature of a judge allowing the warrent, they do not need to show you. You can go and ask for proof of it later to make sure they had one at the time of entry.

Answer 2

In almost all situations, yes.

The warrant grants authority to enter, whether the home-owners are present or not. In most states, the police should present the warrant if the owner is present, or leave a copy if not present.

But the Supreme Court has ruled that there is no requirement to present a warrant upon entry, if the home-owner is not home. Quoting U.S. v. Grubbs, 126 S.Ct. 1494, 1501 (2006), which in turn was quoting United States v. Stefonek, 179 F.3d 1030, 1034 (C.A.7 1999):

There is no constitutional requirement that the warrant be exhibited at the outset of the search, or indeed until the search has ended... Neither the Fourth Amendment nor Rule 41 of the Federal Rules of Criminal Procedure imposes such a requirement. (internal quotes and cites omitted)

Answer 3

Yes, it's legal. Although the warrant spells out exactly what or who the police are looking for, and if they go outside the bounds of the warrant, anything they collect can be thrown out in court.

Answer 4

many people got it somewhat right in their replies here

Police can enter a domicile if there are extenuating circumstances without the home owner's permission. If you are renting, they only need the landlord's permission to do so, if you are not home.

Extenuating circumstances can included screaming in the house (someone being beaten? murdered? attacked?), bad smell (rotting corpse?), noise (someone banging on the walls, roof, floor etc).

They'll need a warrant if they are looking for specific evidence, that supports a crime has been comitted; the warrant will address what they are looking for, where they can look and what they can confiscate (inlcuding computers)

Answer 5

The warrant has to be issued, and shown on request to the owner - but the owner doesn't have to be there, or even know the warrant was executed until later.

Answer 6

As long as they have a warrant in hand whether or not the homeowners have seen the warrant or not, as long as it was issued and signed by a judge or magistrate they have the right to enter.

Answer 7

Yes. There are times when the warrant is still in the Judge's hands when the police execute it, so they can't show it to the owner/occupant immediately, and times when the owner/occupant isn't even there.

Answer 8

yes as long as there is some one other than a minor in the house.if all there is, is a minor then they can not serve the warrant.

Answer 9

yes

Answer 10

yes