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#1
10-25-2007, 05:57 PM
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Police enter home without warrantWhat is the name of your state? Texas Police went to my friend's home and rang the door bell for quite a while before anyone responded. My friend finally went to the door and asked who was there and a guy said, "Bruce". She thought it was someone she knew so she opened the door and one of the cops shoved the door open with enough force to knock my friend to the floor. All of the police went inside the house but they said the search warrant hadn't arrived yet so they proceeded to give my friend hard time and ask questions. A while later the warrant showed up and they did their search. I want to know if it was legal for the police to enter her home uninvited without them having the warrant in hand. Thanks in advance for any helpful advice you guys might offer.
__________________ undefined K.J. Texas Last edited by KJWhitt; 10-25-2007 at 06:48 PM. Reason: Post didn't show up correctly |
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#2
10-25-2007, 06:05 PM
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| You must have some serious drugs in that place!
__________________ * * The information I gave is based on my 7 seconds of research on Google. Review the information yourself to make an informed decision. Communication is KEY - 10 mins of talking now can save you months of headaches later! Masterfully stating the obvious to the oblivious! (Thanks SP!) Tell it like it is! When all else fails, make up a statistic!  Gender references shall apply equally to the other gender. I will not correct gender mistakes (unless I want to) |
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#3
10-25-2007, 06:15 PM
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| I think you meant to write "she" must have some serious drugs in that place. "I" do NOT use drugs.
__________________ undefined K.J. Texas |
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#4
10-25-2007, 09:23 PM
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| They do not have to have the search warrant in hand before entering the premises. They need to present the warrant to the owner of the property before actually seizing anything. Art. 18.08 of the Tx. Rules of Crim. Procedure grants the officer holding the warrant the authority to call any citizens to his aid in executing the warrant, and this practically means any peace officer that he/she is working with. So the other officers who made the initial entry were told of the search warrant and that officer's (the one with the warrant) intent to come make the search. So they are authorized to make entry and secure the area to be searched. Then the only requirement under 18.06 is that the warrant be presented to the owner of the property and that an inventory be done before anything is seized. It sounds like they did that. |
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#5
10-25-2007, 09:36 PM
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| Police like to show up before a warrant is issued to keep an eye on you and help make sure you don't destroy anything before that warrant can show up. It's legal.
__________________ Due to popular demand, I have edited my signature: I may have "Senior Member" status, but that's because I know more than you!  |
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#6
10-25-2007, 09:38 PM
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| How could it be legal? What's to stop them from searching random houses for contraband and calling for a warrant after they find something? |
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#7
10-25-2007, 10:01 PM
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| Quote:
__________________ Due to popular demand, I have edited my signature: I may have "Senior Member" status, but that's because I know more than you! |
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#8
10-25-2007, 10:06 PM
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| Under the right circumstances, law enforcement can clear and secure a residence in anticipation of a warrant. This is often used if there is reason to believe that if there is a delay in securing the premises that an individual or evidence might be removed or destroyed. - Carl
__________________ A Nor Cal Cop Sergeant "Make mine a double mocha ... And a croissant!" He Who Kneels Before God Can Stand Before Anyone ....author unknown |
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