Is this "legal" for an arrest warrant?

[ThatRedheadChick]

What is the name of your state? -Indiana

Is it legal for the police to enter a home unannounced and unwelcome if they show up looking for someone with a warrant for their arrest? I know that certain laws and such vary by state, so I need to know what the protocol for Indiana is....

Thanks!

 

[Just Blue]

What is the name of your state? -Indiana

Is it legal for the police to enter a home unannounced and unwelcome if they show up looking for someone with a warrant for their arrest? I know that certain laws and such vary by state, so I need to know what the protocol for Indiana is....

Thanks!

Was the person who had a warrant staying/living/visiting your home? What was the warrant issued for (what alleged crime)?


https://www.in.gov/ipdc/public/2658.htm

 

[quincy]

What is the name of your state? -Indiana

Is it legal for the police to enter a home unannounced and unwelcome if they show up looking for someone with a warrant for their arrest? I know that certain laws and such vary by state, so I need to know what the protocol for Indiana is....

Thanks!

If the warrant is for an individual at that address, yes, the police can enter whether the individual is there or not.

As a note, many if not most warrants will be unannounced and unwelcome.

 

[ThatRedheadChick]

Was the person who had a warrant staying/living/visiting your home? What was the warrant issued for (what alleged crime)?


https://www.in.gov/ipdc/public/2658.htm

They live in the apartment connected to my house but the apartment could/would be technically the same as it being my house.
They were arrested on some drugs charges. I know they had some paraphernalia and some narcotics as well. I'm just not sure what the exact charges were.

 

[ThatRedheadChick]

If the warrant is for an individual at that address, yes, the police can enter whether the individual is there or not.

As a note, many if not most warrants will be unannounced and unwelcome.

Ok, thank you! I'm not originally from anywhere around here and the few people that I have met and had this conversation with have given me several different answers and some were a bit off the wall.

 

[quincy]

They live in the apartment connected to my house but the apartment could/would be technically the same as it being my house.
They were arrested on some drugs charges. I know they had some paraphernalia and some narcotics as well. I'm just not sure what the exact charges were.

It can be important to screen the backgrounds of people carefully before renting to them. You can find yourself caught up in their illegal activities otherwise.

 

[ThatRedheadChick]

Ok, thank you! I'm not originally from anywhere around here and the few people that I have met and had this conversation with have given me several different answers and some were a bit off the wall.

I know that most warrants work like that, I just wasn't sure if it applied to like an FTA or whatever.

 

[Just Blue]

They live in the apartment connected to my house but the apartment could/would be technically the same as it being my house.
They were arrested on some drugs charges. I know they had some paraphernalia and some narcotics as well. I'm just not sure what the exact charges were.

Then the police did nothing wrong. Having the police break down your door to make an arrest is one of the ....inconveniences ...of having a criminal live with you.

 

[quincy]

I know that most warrants work like that, I just wasn't sure if it applied to like an FTA or whatever.

It really depends on the type of warrant and for what reason the warrant was issued.

 

[ThatRedheadChick]

Then the police did nothing wrong. Having the police break down your door to make an arrest is one of the ....inconveniences ...of having a criminal live with you.

The reason I needed advice was to prevent anything of the sort from happening not because something had ALREADY happened. Also, this "criminal" doesn't live in MY home per se, they rent the apartment attached to my home and were already renting for some time when the incident occurred.

 

[quincy]

The reason I needed advice was to prevent anything of the sort from happening not because something had ALREADY happened. Also, this "criminal" doesn't live in MY home per se, they rent the apartment attached to my home and were already renting for some time when the incident occurred.

If the police come to your door with a warrant in hand, you can ask to read the warrant before letting them into your house. If the warrant is for the arrest of someone said to reside at your address, the police can enter. If the warrant is to search the house and/or seize property, the police can search and seize.

I suggest you keep your house closed to the drug-using tenants as much as you can.

 

[Taxing Matters]

If the police come to your door with a warrant in hand, you can ask to read the warrant before letting them into your house.

OP, just bear in mind that under federal law and the law of at least most states it is not required for the cops to show you the warrant prior to carrying it out. All the law generally requires is that the cops obtain the warrant prior to executing it. As a result, if the cops do not wish to show you the warrant before carrying out the search, I would advise NOT interfering with the officers in the search. You can argue about the legality of the warrant after the fact, but impeding the officers in the search could end up getting you prosecuted for that even if the search comes up with nothing or the search was invalid.

 

[quincy]

OP, just bear in mind that under federal law and the law of at least most states it is not required for the cops to show you the warrant prior to carrying it out. All the law generally requires is that the cops obtain the warrant prior to executing it. As a result, if the cops do not wish to show you the warrant before carrying out the search, I would advise NOT interfering with the officers in the search. You can argue about the legality of the warrant after the fact, but impeding the officers in the search could end up getting you prosecuted for that even if the search comes up with nothing or the search was invalid.

While I agree that someone should not obstruct the police, I disagree that someone should not ask to see the warrant before allowing entry, search or seizure of items.

 

[PayrollHRGuy]

While I agree that someone should not obstruct the police, I disagree that someone should not ask to see the warrant before allowing entry, search or seizure of items.

If they have a warrant the OP nor anyone else isn't really in a position to "allow entry" or not. They may play nice but if they have a warrant and they think someone is in the other room flushing evidence while one is arguing thier constitutional rights the one arguing will likely find themselves face down in handcuffs.

 

[Taxing Matters]

While I agree that someone should not obstruct the police, I disagree that someone should not ask to see the warrant before allowing entry, search or seizure of items.

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. They are not required to show the warrant in at least most states. So while you can ask to see it, if the police say no that does not give you a right to impede the search.