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Police enter home without warrant

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KJWhitt

Junior Member
What 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.
 
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CavemanLawyer

Senior Member
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.
 

The Occultist

Senior Member
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.
 

mike_lee

Member
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?
 

The Occultist

Senior Member
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?
Maybe you need to reread the OP, which stated the police WAITED until the warrant arrived, and then proceeded to search the house.
 

CdwJava

Senior Member
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
 

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