Comments on: When the police have a search warrant does the property owner have to be present when the search is conducted?

By: nice_n_easy

nice_n_easy — Sun, 07 Mar 2010 18:11:59 +0000

When the police search the property armed with a search warrant, as long as there must be at least a person within the property is enough to proceed with the search.

As you have said there is one house guest within the property who stayed the night and the police search anyway, yes I think it is valid to search the area. The logical explaination could be that the police doesn’t have to go back and forth to the said property just waiting for any person or even the owner to shows up. What if the owner doesnot shows up because he was already tip off of the warrant naturally the owner will not show his face anymore in his property.

No need for the owner to be home to search his house/property as long as there is at least a person living there at the time of the search. Well in this case, the house guest is at home so the search proceded. Even if there is no living soul inside the house, with the search warrant, and with a probable cause, the police can storm into the said house/property to seize the object they want, since it is written in the search warrant which of the property they need to search for. It must be specific in nature, but mostly the entire house is written there in the search to cope with the effort of the law enforcer to find what they need.
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By: M-420

M-420 — Sun, 07 Mar 2010 17:36:59 +0000

Noo
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By: Mr Placid

Mr Placid — Sun, 07 Mar 2010 17:11:59 +0000

No requirement that the owner of the premises be present during execution of a valid search warrant. U.S. v. Gervato, 474 F.2d 40 (3rd Cir. 1973), cert. denied 414 U.S. 864.

In fact, police may force entry if no occupants are present, or if occupants do not open the door within a reasonable time after the police request entry.

Edit: Here is a link to the case.
http://altlaw.org/v1/cases/541080
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By: BJK

BJK — Sun, 07 Mar 2010 16:35:59 +0000

I really don’t know, but according to my brother, he says they can search the home. But i am providing a link that has some info about warrants.

http://en.wikipedia.org/wiki/Search_warrant
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wikipedia

By: Ollie

Ollie — Sun, 07 Mar 2010 16:08:59 +0000

I just got a B+ in Criminal Procedure, the answer is NO the owner of the home doesn't need to be home. If the police have a warrant, the fact that there are no emergencies is irrelevant. The fact of the matter is, with a warrant, the police are coming in whether they like it or not.
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By: RedG

RedG — Sun, 07 Mar 2010 15:47:59 +0000

No, the owner does not need to be home. For example, lets say that the police have information that someone may be hurt in the home but the owner is not there. It doesn't make sense to wait because the person may be dead by then. That's the whole point of a warrant. Now, if the owner is there and says they can search, well they don't need a warrant anyway.
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By: savexourxship1121

savexourxship1121 — Sun, 07 Mar 2010 14:59:59 +0000

No
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