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Can Police remove you from your home while executing a search warrant?

Updated: 8/18/2019
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Tequilacam

Lvl 1
14y ago

Best Answer

Yes.

In Michigan v. Summers the Supreme Court stated, "We hold that a warrant to search for contraband founded on probable cause carries with it the limited authority to detain the occupants of the premises while a proper search is conducted.

Law enforcement officers may also require residents to remain outside their home until a search warrant can be obtained if the officers have probable cause to believe the home contains evidence of illegal activity (Illinois v. McArthur, 2001)

Source - Criminal Investigation. 9th ed. Clifton Park: Delmar, 2010. Print.

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Q: Can Police remove you from your home while executing a search warrant?
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Related questions

How many warrants can a teenager get before they get arrested?

It could be one. There are search warrants and arrest warrants. If you have a search warrant, the police are entitled to search your property. After executing the search warrant, if the police establish probable cause to believe that you committed a crime, they can arrest you. If you have an arrest warrant, it is only a matter of time before the police find you and execute the arrest warrant.


Can police issue a new search warrant while exacuting a search warrant?

Ive heard of police with a search warrant finding something non-related to the search warrant, and then issuing a new search warrant on the spot regarding the new issue.


Even though there is a search warrant can police search a home in South Dakota if no one's been in the home to receive the warrant?

Yes. The police can search any items if they have a warrant. It does not matter that no one is there to receive the warrant. The police only have to leave a copy of the warrant at the residence.


What word means a court order allowing police to search property and seize evidence?

A Search Warrant


When executing a search warrant what may not be searched?

The premises to search will be listed in the warrant, and cannot be exceeded. Also, if the warrant is to look for a large item, the search is limited to containers where the item could possibly fit.


Can a minor give police officer the right to search their residence with a warrant?

There is no consent needed from anybody when there is a valid search warrant in play. The court gives the police the right to search by granting the search warrant.


Can the police search the premises without first showing a search warrant?

Yes, the officer may search. Police may search a building if they reasonably believe a valid search warrant has been issued. They do not have to possess the search warrant.


Can police search a home with a summary arrest warrant?

Technically they cant unless they have a search warrant not an arrest warrant.


How do you use search warrant in a sentence?

The police got a search warrent in order to search the suspect's house. The suspect would not allow the police to search his home without a search warrant.


Can you ask the police to do a free warrant search on someone other than yourself?

I heard that you can ask the police to do a free warrant search on you at any time. Can you ask them to do a free warrant search on someone else?


What are the requirements for forced entry pertaining to a misdemeanor warrant?

There are none, because forced entry by police executing a misdemeanor warrant is always forbidden in the United States. This may also be the case in most other countries. The only time when police are permitted to intrude and break into a private citizen's own home while executing a warrant, regardless of the likelihood of the person's guilt, is when they are executing a search warrant, or possibly an arrest warrant for a very serious crime, like murder. This law is very important, since it makes home invasions by the police illegal in the one place in which every person, even criminals, should have an absolute right to be safe and secure.


If the police have a search warrant Is it legal for the police to search your home if you are not there?

Yes, you are not necessarily required to be present.