Search warrants

Is the police suppose to give you a search
warrant before entering your home

Asked on May 30, 2017 under Criminal Law, Michigan

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

As a general rule, the law holds thst the police need a search warrant before they can enter and search someone's home. That having been said, there are 4 exceptions to this rule: 1) Consent - if the owner (or person in control of the property) allows the search; 2) Plain View - if the police already have the right to be on your property and contraband/evidence of a crime is visible, then they may enter a home and seize it; 3) Search Incident to Arrest - if a person is being arrested in their home, the police may search it for weapons amd/orother accomplices to protect their safety and/or prevent the destruction of evidence; and 4) Exigent Circumstances - this refers to emergencies inwhich obtaining a search warrant could compromise public safety and/or lead to a loss of evidence. For more information as to your specific situation, you should consult directly with a criminal law attorney who can best advise further.


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