Legal Question in Criminal Law in California
Can police enter my home and search it without showing me a warrant until after the fact?
3 Answers from Attorneys
Yes. Because there is no requirement that the police have the warrant with them when they do the search.
Mr. Roach is right but you have every right to ask them if they have a warrant or if there is a warrant. If they neither have the warrant or the warrant does not exist you should tell them that they cannot enter your house. If they do so anyway don't stop them but fight them in court. Whether they have a warrant or not you should tell them that they do not have your consent to enter the house. They may enter anyway and you should not physically stop them from entering but you have set them up for a fight in court.
I agree with Mr. Roach and Mr. Shapiro. But their answers seem to presume you were home when the search began. You may be asking whether police can search a home when the owner is away. The answer to that question is yes -- as long as they have a warrant or there are circumstances which make a warrant unnecessary.
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