is this legal?

[renaec]

What is the name of your state (only U.S. law)? Texas
If a warant officer is at the door of the house that is not legally your home but you stay there, He said he had a warrant I told him to show me he did not and then he came in the house anyway to search---right or wrong. I specifically told him not to come in.What is the name of your state (only U.S. law)?

 

[CdwJava]

He does not have to debate the issue with you at the door. I am not certain o fTexas law, but he likely has to present or leave a copy of the warrant at the residence, but he'd be a fool to discuss it at the door if he was in possession of a valid warrant because there are some serious safety issues that might arise - not to mention a delay to allow for the destruction of evidence.

If he had a warrant, he was almost certainly good. The debate happens on court, not in the doorway.

 

[HighwayMan]

Either he had a warrant or he didn't. If he did then obviously he was in the right.

Have your attorney deal with the issue in court.

 

[garrula lingua]

Warrants ?! Warrants ?! We don't need no stinkin' warrants !!

 

[CavemanLawyer]

In Texas you do not have to physically have a copy of the warrant on you to execute it. The law requires that, if the person requests to see the warrant, that it be shown to them within a reasonable amount of time AFTER they are arrested. In most cases, the officer doesn't bring the arrest warrant when they try to pick someone up. Now a search warrant is a different issue, that is presented to the occupant and left at the door if they aren't present.

Is this a warrant for a felony? If so the officer is permitted to enter your residence even forcefully if they have reason to believe you are there. If it is not your home then the homeowner could have a cause of action if there is any damage done to the property but its not going to have any effect on your criminal case.

 

[CdwJava]

I was thinking search warrant, not arrest warrant.

Depending on the state, if the arrest warrant is served at a location NOT the residence of the wanted person, a separate search warrant may be required if consent to enter is denied.

 

[dave33]

In this situation there are a couple different things to consider.What are you trying to resolve? Evidence suppression,civil issue, or in department complaint?Legally I do not think it should matter,but it might.goodluck.