Police can enter premises without a warrant in a number of different situations. Examples include:
Apart from when they are preventing serious injury to life or property, the police must have reasonable grounds for believing that the person they are looking for is on the premises.
If the police do arrest you, they can also enter and search any premises where you were during or immediately before the arrest. They can search only for evidence relating to the offence for which you have been arrested, and they must have reasonable grounds for believing there is evidence there. They can also search any premises occupied by someone who is under arrest for certain serious offences. Again, the police officer who carries out the search must have reasonable grounds for suspecting that there is evidence on the premises relating to the offence or a similar offence.
In other circumstances, the police must have a search warrant before they can enter the premises. They should enter property at a reasonable hour unless this would frustrate their search. When the occupier is present, the police must ask for permission to search the property - again, unless it would frustrate the search to do this.
When they are carrying out a search police officers must:
If the police have a warrant, they can force entry if:
Youre not going to like this answer, but constitutionally, the owner is. The police are cleared if searching with a legally obtained warrant or consent.
A warrant gives the police the right to arrest you at any time - that's what a warrant is. So it does not matter if you do or don't turn yourself in, the police have the right to arrest you if they have a warrant.
A Search Warrant
You have to turn yourself in to the police. There's no other way.
I heard that you can ask the police to do a free warrant search on you at any time. Can you ask them to do a free warrant search on someone else?
You are to be safe and secure in your persons, homes, papers, property blah blah Basically people can't search your property unless they have a Search Warrant. The search warrant must have a Judge's signature, probably cause, and specifically states what property can be searched. For example if the search warrant gives permission to search someone's house but does not state they can search the person's car, the police officer or whoever is searching cannot search the car.
Yes ... they will have a legal warrant in hand and if there is resistance, the police will be called.
When police officers have a court order to search a home or a person, it is called a search warrant. If a police officer has reasonable suspicions, then they can search a person without a search warrant.
A search warrant allows police to search for property and seize specific property, at a specific time, for a specific reason; In Canada a "General Warrant" allows the police to use a particular technique or method, (that without Judicial authority would be considered a breach of the persons rights) to obtain information relating to an offense. An example of a General Warrant would be: Authorization for the police to conduct a perimeter search of a property to look for signs of say a marijuana grow operation (condensation, smell etc) These observations can not be physically seized (They are observations and not property) and therefore a search warrant is not applicable.
Under most circumstances, no. The police usually need a warrant to search your house, car, property, etc. However, there are some cases in which the rule can be bent. If you are being arrested, the police may search you and your property for weapons or other accomplices for their own safety. If the police already have permission to be on your property, and they see some form of evidence that is clearly visible, they have the right to lawfully seize it. If the person who is in control of the property gives consent to the police, they may search it.
Only where probably cause exists.
Not enough information is disclosed in the question. WHO forced entrance to your premises? The police? Burglars? You mention a warrant but you do not say for WHO or WHAT the warrant was issued. [IF the police] Go to your police station and request or demand to see a copy of the warrant. They MUST show it to you (EXCEPTION: if it was issued "under seal") and if it is the police who allegedly damaged your property you may institute suit against the agency which carried out the warrant. [IF burglars] On the other hand - if your premises was entered and damaged by burglars..., just because the police have been unable to solve the crime, issue a warrant, or get you restitution from the perpetrator, you have no special claim on anyone (or the government) to fix your damaged property for you.