How do I investigate the legality of the police searching my home looking for someone who has a warrant?

Question

Is it legal for the police to come in to my home and search for anyone? Aren't there any guidelines? The police keep coming to my house and looking for some one who no longer stays here- although I've told them this each time. I am not on probation or parole myself. And how come sometimes they ask if they can come in- and do not come in if I say "no"- and sometimes they DON'T ask and they just come in? The last time they kept me out on my own front porch for 30 minutes while they were alone in my home "searching" for this person. Was this legal? How do I find out my rights in this situation?

Isn't there an agency I can call to find out if this was a legal search?

Answer 1

Unless police have a search warrant for the premises, or unless they're exempted from the need for a search warrant (if you were on parole, for instance) they MAY NOT enter your home, unless they have probable cause to believe that there is a crime being committed inside. The exception to this rule is the so-called "protective search," which allows police to search adjoining rooms when conducting an arrest to make sure that no one is hiding there getting ready to launch an attack.

If the police break into your house without a warrant, do not attempt to physically prevent them from entering. Loudly announce that you don't give them permission to enter and you want them to leave. If they claim that they have a right to enter, demand to see a warrant. Be friendly, but be firm and say nothing that implies acceptance of their entry. Then call your local ACLU chapter or a private attorney!

Answer 2

An arrest warrant allows police to search a home when the police have a reasonable belief that the person named in the arrest warrant resides in the home, AND that the person is in the home at the time the search is made. A separate search warrant is not required.

To search for a person named in an arrest warrant in a home other than the one he resides (e.g. one in which he is visiting) requires a separate search warrant issued upon a finding of probable cause that the person is in the home to be searched.

The police were justified the first time they entered your home, since you say this person once resided there, and the police knew that. However, now that the police know he does not live there, any subsequent search, without a separate search warrant, is unreasonable.

Sue the department if it continues.

Answer 3

Why do they think that this person is in your home? Is it someone you are related to and can contact? If so, contact them and tell them to turn themselves in so that the cops will leave you alone. If this is someone who moved out of this home before you moved in, you can show papers that you own or rent or lease the property now, and that the person they're looking for is gone.
Keep in mind that you can always say no to the police, and you can always refuse to allow them in your home. If they break down the door or something anyway, and you can prove they've been there multiple times with no success, you would have a pretty good civil rights case.
If the warrant that they have (ask to see it, they have to show it to you) is for the home you live in, then yes, it's legal for them to keep you outside while they search for someone inside. If it's getting to be too many times that they do this with no success (like if they've been there 10 times and every time, that person hasn't been there) and they still keep coming, you can file a complaint and even a harassment lawsuit if they keep it up. I would call a lawyer or a victim's advocate with the police department or the court that issued the warrant (all of the court info is on the warrant).

Answer 4

The obvious answer is to check with an attorney. However in general, I can say that unless they have a warrant to search the premises, they can not come into your house. You have the right to refuse them admittance, as long as you are the owner/renter of the property. Also they have to search only for what is specified in the warrant. In other words, they cant "look for an elephant, in a jewelry box." They can however arrest on anything which is in plain view, such as drugs on your coffee table.

Answer 5

You should check with a lawyer but I believe that if they had the last known address of that person as yours then the first time would've been OK although illegal without a search warrant. After you've told them that once and they do it again they are violating your civil rights, a right protected by the constitution.

Answer 6

Call Legal Aid in your city or town, they'll help you out. A police officer has to either have permission or a warrant to enter your premises. That's the law...

Answer 7

It's probably a Ramey warrant that specifically lists an address on it. All you have to do is go to the PD and get a list of number of times they have tried to serve it at your house then take that to the DA to have the warrant recalled.

Answer 8

As far as I know, without a warrant, the police have no right to come into your home unless you let them in.

Answer 9

You'd need to speak with a lawyer in your area. For all we know they have been getting phone calls from your neighbors reporting that this person was in your home, and that could be "probable cause."

Answer 10

I dont know what your rights are but I do know that they strongly suspect you of something illegal, including harboring a fugitive.

Either way, no matter what your rights are, you are in deep doggy doo for the time being and I am not sure you can fix it unless you turn in your buddy. They know he was there once or twice, and suspect you of hiding him/her still.