Legal Question in Criminal Law in California

Re: Search Warrant for Criminal Investigation ?

Yes, the police may enter with a warrant whether or not you are there.

Re: Search Warrant for Criminal Investigation ?

Yes, they can. If they have a warrant, they do not need to have a property owner or occupant present to serve the warrant. If they did serve a warrant, the are not required to leave a copy of the warrant itself, but they are required to leave a detailed list of any items seized under the warrant.

Re: Search Warrant for Criminal Investigation ?

Yes, and break the door in to enter too.

Re: Search Warrant for Criminal Investigation ?

Yes, with the consent of someone there. Police can't break in. Now, if you are facing criminal charges, hire an attorney to file any appropriate evidence suppression motions and represent you in defense of the charges. If serious about doing so, feel free to contact me.

Re: Search Warrant for Criminal Investigation ?

I agree with Mr. Stone, Mr. Dane and Mr. Dinday that the officers can enter the home even if no one is present. I'm not sure why Mr. Nelson believes otherwise, but I believe he is mistaken. If the law worked the way he says, then police would never be able to enter a home if the occupant (perhaps aware of the impending search) chooses not to return.

The same problem would arise if the occupant died. This would be a problem in many murder or kidnapping investigations, since police often need to search the home of the victim for evidence. Similarly, a rule like this would prevent police were searching the home of an assault victim who lived alone as long as he remained hospitalized for his injuries.

Other types of investigation are often very time-sensitive, since the evidence they turn up may help protect the lives and/or safety of others. It would make little sense to forbid police to execute a warrant merely because no one is home.