Can a search warrant be obtained to search my home for a person that does not live there?

March 21st, 2010 | by admin |

I was threatened to let police in my home to search for a person. This was a relative, but they had never lived at this address. I refused to let them in, but after an hour I told them they could search. I stated several times that this person was not here and never lived here. They said they would obtain a search warrant and come in and tear up my home to look for this person. Can I be threatened into a search? Could a search warrant been issued if this was a tip called in? Of course after the search was conducted, they did not find anyone. I told them they wouldn’t. Can they go into any room without me being present? There were 6 officers inside my home and only to residents. We could not follow 3 people each at the same time. They also were on my property when I wasn’t even there for an hour. Can they look thru my front doors and go into my fenced backyard without a search warrant when I am not there?

Yes to all questions.

  1. 3 Responses to “Can a search warrant be obtained to search my home for a person that does not live there?”

  2. By Possum on Mar 21, 2010 | Reply

    Yes to all questions.
    References :

  3. By Caoedhen on Mar 21, 2010 | Reply

    For the main question, absolutely. If the police can convince a judge that there is good reason to believe that the thing they are searching for can be found in your house, then they can get a search warrant.

    As for the rest of it… you cannot be forced to allow a search without that search warrant. At all.

    You allowed the police to bully you into giving consent for them to search your residence. Don’t feel bad, it happens a lot. I am surprised that they let you follow them around though, bad way to do business.

    I bet they didn’t tell you that you can revoke consent at any time?

    There is more to this story that what you write here, if they were there for 2 hours, they really thought the relative was there. He may not have been, as you say, but if they believed that, they wouldn’t have stayed so long and worked so hard to get in.
    References :

  4. By Daniel on Mar 21, 2010 | Reply

    They can search your house if you give them verbal permission or they are allowed into your house but they cannot search your draws etc. unless you give them that permission too, and they *can* look into your widows and search your outside no prob..No they legally cannot search your house and belongings without a warrant or your consent though.(unless you present a life threat.) This warrant must be accepted by the District Attorney and be a valid reason (drug dealers, murder evidence, hiding wanted people etc.) But if you refuse you can bet they will not leave your porch untill they get the warrant.
    References :

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