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


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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.