Can the police search your home with an arrest warrant for an in-home arrest?

Answer 1

Only to the extent that safety requires, for example to make sure there are no weapons within your reach, or people hiding in any rooms. If the warrant includes a search, which sometimes it does, then they may do the search accordingly.

Answer 2

No. For police to issue the warrant of a home everything must be the same.

So if the warrant said:

This document allows So and so police to enter and search the home of so and so lady at the address of 1234 right lane mikeymouse Virginia.

But the address and person they search is:

So its wrong man living at 1234 left lane Pluto road Virginia.

They have made a mistake. They can't search that house. Anything they find will become "Fruits of the poisonous tree" meaning the evidence found there can't be used in court because it has been illegally obtained. So no they can't search the house unless the address and person/s are the ones listed on the document.

Answer 3

Answer is applicable to the US (Colorado): Your question is not entirely clear, and therefore, I am going to have to read into it more than is given in the post. Your question actually is a non sequitur in that you are asking about an arrest warrant (person) in an home (location), but referring to a different person (you). Each state has its own statutes which may limit the usefulness of this answer, or its applicability for a particular state. However, under federal rules, the following should be generally accurate. An arrest warrant does not automatically grant access to an home. An arrest warrant may grant access into an home provided the police can confirm the suspect is in the home. Upon lawful entry into the home, the police may perform a "protective sweep" (which may seem like a search, but is limited in its scope). Upon the lawful arrest of one or more of the occupants (even if it is not the individual identified on the warrant), the police may search the immediate area(s) under the control of the person so arrested. If, during the entry and/or arrest, the police can articulate exigent circumstances, they may be able to search the home, of an occupant other than the individual specified in the warrant. If during the lawful entry of the home (even if it is not the individual identified on the warrant), the police observe evidence of a crime, they may seize that evidence. In the plain view doctrine, the police may lawfully seize that which they lawfully see, from where they lawfully are (position, not location). Therefore, upon plain view seizure, if the officer now moves to a new position in the house to seize the item, and from that lawfully occupied position, the officer sees a new item that is illegal to possess, he/she may move to that item and seize it; if that process takes the officer throughout the structure, the resultant search may be lawful, and may include items that belong to persons not identified on the arrest warrant. Based on the ambiguity of your questions, there is no way to know what you are actually asking.

Answer 4

(in the US) .... Is it an arrest warrant or a search warrant? If the wanted subject was observed entering the home but not leaving it, there are several options; they might enter under "close pursuit" provisions -or- they could ask the homeowner for permission to enter and, if granted, they could enter and effect the arrest. On the other hand, if the homeowner refused them entrance, they could simply surround the house and apply for a search warrant to augment the arrest warrant, and THEN enter and effect the arrest. There are MANY permutations to this scenario and almost every conceivable one of them has been previously argued in court. If in doubt about your particular circumstance consult an attorney.

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This is an international forum - so the answer has to be preceded by - "It depends on your jurisdiction" As a former British Police Officer, we could arrest someone and then search (without warrant) their home, their workplace, a storage unit - anywhere they had recently been (even if they did not own it - for instance if they were one of the kids!) - now in California, I have even known police to wait for a search warrant before entering the scene of a shooting, once it was know that everyone was safe. There are even countries where the authorities can and will kick down any door "just because"! So - "it depends"....

Answer 5

All that is required of the police is that they know that such a warrant exists. The warrant is issued to the address irregardless of the 'current tenant or owner. If you feel that you have been 'wronged you may file a complaint with their agency.

Answer 6

Yes. The parolee does not have to own the residence, there simply must be probable cause to believe that he is present there.

Answer 7

they can with a good reason