Question
Can the police enter my house without search warrant?
If someone else has a warrant for their arrest, can the police come in my house and look for that person, or do they have to get a search warrant first?LawQA.com Answer Library
Answered By: Law Office of Peter F. Goldscheider
They do need a search warrant to enter the residence of another person even to execute an arrest warrant.
Answer Applies to: California
Replied: 9/12/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 9/12/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Law Office of Eric Sterkenburg
The police may enter a private dwelling in search for a person that they have an arrest warrant for if they have probable cause to think the person they want to arrest is there.
Answer Applies to: California
Replied: 9/9/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 9/9/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: The Law Office of Harry E. Hudson, Jr.
It depends. If the other person lives there or perhaps did live there recently, or some other basis for the cops to believe the person is likely to be in the residence, they can enter to look for the person. No looking under mattresses and couch cushions. If there is no reason to suspect the person sought in the residence, then entry can be refused. If you had cops force their way into your house, contact a civil rights type attorney.
Answer Applies to: California
Replied: 9/9/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 9/9/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Law Office of Daniel K Martin
The answer to this question is not as straight forward as you might think. If the person who they had an arrest warrant for lived at the house and they had information that he was there then they can go in to arrest them. If a person runs away from police, they follow him into your house without a warrant. Generally officers must have a warrant to enter your house, however there are some exceptions including the ones listed above.
Answer Applies to: California
Replied: 9/9/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 9/9/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Law Offices of James A Bates
The police must have probable cause to believe that person is in your house. If they have a "Ramey" warrant to arrest that person they can come in to search for that person. They cannot look in drawers, small cabinets or anything that a person cannot fit into. Did they find evidence to use against you? If not, no problem. If they found drugs or something in a shoebox, you must fight the case and it should be dismissed. Also, it depends on whether someone who lives in your house consented to the police entry. No warrant of any kind is needed for a consensual search.
Answer Applies to: California
Replied: 9/9/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 9/9/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Law Office of Jeff Yeh
If that person is known to be at or live in your house, then yes.
Answer Applies to: California
Replied: 9/9/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 9/9/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
More Questions on Criminal Defense
- Who should view the chemical test results first?
- Can I sell my house after bankruptcy?
- Can I dismiss the DUI case if I was not read my Miranda rights?
- Do I have to submit to any tests for a DUI arrest?
- Can I settle for a public defender to handle my DUI case?
- Can I be charged with DUI without driving?
- Do varying offenses of DUI last differently on your record?
- How long will it take to process my DUI charge?
- Can I get limited license if I got my license suspended?
- Do I really need an attorney to fight a DUI case?
- Is there a chance to get a plea bargain for the DUI?
- What is the short term penalty for a DWI?
- Should I ask for an attorney first before agreeing to any test?
- Is there a way for me to lower down penalties for DUI?
- What happens after I am given a court order probation?
- How can I defend myself from DUI?
- Can I refuse a sobriety test?
- Is it considered as a DUI if I took a prescription drugs and drove?
- What are my chances to win against a DUI charge?
