• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Is this "legal" for an arrest warrant?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

doucar

Junior Member
I would not let the police into my home unless they can show me a warrant (unless, of course, their guns are drawn and aimed at me ;)).

But if a warrant has been lawfully issued, they can push their way past you and enter the home, even if they do not have a copy of the warrant in their possession.
 

Taxing Matters

Overtaxed Member
I would not let the police into my home unless they can show me a warrant (unless, of course, their guns are drawn and aimed at me ;)).
You don't have to grant consent, i.e. "let" them in. But I will say it again, if you actually impede the officers in carrying out the search, you may find yourself criminally charged. The police are not required to show you the warrant, despite the implication given by the ACLU write up you linked. The police do not need your consent to enter to carry out the warrant. After all, the whole point of the warrant is to authorize the search without consent. Bear in mind that the ACLU, as an advocacy organization, has a particular point of view it pushes and its advice reflects that. I would not take everything the ACLU says as gospel. ;)
 

PayrollHRGuy

Senior Member
It really comes down to the point that your front door is not where you want to be arguing the issue. There will be plenty of time to do that in front of a judge at some later time.
 

quincy

Senior Member
I think the NOLO article does not address the point I'm making: the issue of actually impeding the search.
Your previous post seemed to imply a person should not ask to see a warrant. I wanted to make it clear that you can ask to see a warrant before permitting the police to enter your home.

I don't think anyone has said or implied that someone should obstruct the police in their execution of a warrant.
 

Zigner

Senior Member, Non-Attorney
Your previous post seemed to imply a person should not ask to see a warrant. I wanted to make it clear that you can ask to see a warrant before permitting the police to enter your home.
One can ask, and, legally, the police can refuse to show it prior to entry.
 

quincy

Senior Member
One can ask, and, legally, the police can refuse to show it prior to entry.
Unless the police are in a situation where they don't have time to safely produce the warrant for the homeowner's review, they should show it to the homeowner. Do the police have to show it. No.
 

Taxing Matters

Overtaxed Member
Your previous post seemed to imply a person should not ask to see a warrant. I wanted to make it clear that you can ask to see a warrant before permitting the police to enter your home.
Then did you miss what I said earlier?

I did not say they should not ask, but I wanted to dispel any possible implication from your earlier answer that the police are required to show the warrant if asked.
(Bolding added.) I have no problem with the occupant asking to see it, which I thought was made clear. But if the police proceed to barge in to execute the warrant without showing it to you, I think it bad idea to impede the police in doing that.

I don't think anyone has said or implied that someone should obstruct the police in their execution of a warrant.
And that's my point: if you don't see the warrant, that still does not give you a right to impede or obstruct the officer in the execution of the warrant.
 

quincy

Senior Member
Okay. I don't think anyone has said you should obstruct or impede the police. But you have the right to ask to see the warrant - and I would not let the police into my home if I didn't see the warrant.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free and Confidential
Top