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9/22/2017 12:11:25 AM
Posted: 4/11/2006 9:08:50 AM EDT
Hypothetical question: if the police have a search warrant, how do they go about to enter your home?
I was told that you should never open the door if the police are on the other side. But what'll happen if they have a search warrant? Will they blow off your door and help themselves in? How does the system work?
This process has always bedazzled me.
Link Posted: 4/11/2006 3:21:19 PM EDT
how do they go about to enter your home?

Any way they want to.
Link Posted: 4/11/2006 3:22:39 PM EDT

Originally Posted By A_Free_Man:
how do they go about to enter your home?

Any way they want to.



pretty much. they're comming in, whether you want them to or not, and if you resist, you could be charged with obstructing an investigation or some shit like that.
Link Posted: 4/11/2006 3:41:42 PM EDT
The execution of the warrant is governed by state law. It may or may not be restricted as to time of day or manner of entry. If notice is required and you refuse entry the LEA will usually be authorized to enter the residence by a breaking.
Link Posted: 4/11/2006 4:09:09 PM EDT
At my house they would pull into the drive, get out walk up and say " got a minute " and I'd say "sure do, come on in "


I like most of em I know, and I have nothing to hide anyhow.
Link Posted: 4/11/2006 7:04:29 PM EDT
Yep depends on the State Laws (unless the Feds come knocking) and for the most part they detail what can be done. In most states a "Search" Warrant can be served anytime, but "Arrest" Warrants can be limited to time of day based on Misdemeanor or felony status of arrestee.

Most states require "Notice" . Drug or weapons notice might be followed by the door flying open. If they are looking for business records, they might even contact your lawyer first and have him there when they wait for you to answer the door.

Officer safety, ability to dispose of the evidence, criminal history of the occupants, etc can all come in to play.
Link Posted: 4/11/2006 7:06:30 PM EDT
Yep depends on the State Laws (unless the Feds come knocking) and for the most part they detail what can be done. In most states a "Search" Warrant can be served anytime, but "Arrest" Warrants can be limited to time of day based on Misdemeanor or felony status of arrestee.

Most states require "Notice" . Drug or weapons notice might be followed by the door flying open. If they are looking for business records, they might even contact your lawyer first and have him there when they wait for you to answer the door.

Officer safety, ability to dispose of the evidence, criminal history of the occupants, etc can all come in to play.

Don't believe what you read from some of the Tin foil hat JBT haters around here. Their idea of due process and contesting a warrant is to die in a blaze of glory, while the constitutional method is to contest it in court. You probably won't die a self-satisfied martyr but your wife, families and dogs will thank you later.
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