Legal Question in Criminal Law in Minnesota

police search warrants

what are homeowners rights when being served a warrant?


Asked on 12/17/02, 7:24 pm

2 Answers from Attorneys

Thomas C. Gallagher Gallagher Criminal Defense

Re: police search warrants

This question is too broad and vague to answer, except in broad generalities. "When they kick in your front door -- what are you going to do?" There are books written on the subject -- even multi-volume sets. In terms of legal "First Aid," I'll suggest the following food for thought:

1. If it really is a legitimate police officer serving a lawful search warrant, do NOT *physically* resist them, as they have court authority to execute the search warrant.

2. However, do NOT consent to anything, either verbally or by conduct or gesture. If police ask consent, generally it means they have no other lawful basis to violate your home or you as they wish to. Whenever asked for consent, say "No." Do not allow them to victimize, demoralize or trick you. They will try -- just about anything -- to do so. Their job is to hurt you, to victimize you. They get paid to do it. But if you refuse to give up, and refuse to consent to anything, you can prevent further damage than otherwise would be the case.

3. If you are present during police execution of a search warrant, DO NOT SPEAK. Do not tell them your name. Do NOT tell them you live there. If pressed, threatened with a loaded gun, beaten by police, NO MATTE WHAT THEY DO OR TRY ON YOU-- say only "I want a lawyer present before I say anything to you." Have courage and be strong. Talking to police gives them the opportunity to trick you, and later in court, to lie about what you supposedly said to them. You cannot help yourself that way. Be patient and wait for the storm to pass, and for the help of your lawyer.

Good luck.

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Answered on 12/18/02, 3:21 pm
Jason Kohlmeyer Manahan, Bluth & Kohlmeyer

Re: police search warrants

Not many.

You need to post your specific question and the facts of what happened. Do you own the home? was it a Search Warrant? During the day? What was being sought in the warrant? You need to be very specific if you want an answer.

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Answered on 12/17/02, 11:31 pm


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