Legal Question in Criminal Law in California

Can police enter my home and search it without showing me a warrant until after the fact?


Asked on 4/18/13, 7:17 pm

3 Answers from Attorneys

Anthony Roach Law Office of Anthony A. Roach

Yes. Because there is no requirement that the police have the warrant with them when they do the search.

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Answered on 4/18/13, 8:04 pm
Zadik Shapiro Law Offices of C. Zadik Shapiro

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.

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Answered on 4/18/13, 8:13 pm
Edward Hoffman Law Offices of Edward A. Hoffman

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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Answered on 4/21/13, 5:06 pm


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