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Speak Up! - View Question #255 |
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Question: With warrant, can police search a house when no one is home? With warrant, can police search a house when a minor is, but no adults are home?
Answer: Yes, the officer can search the house. According to Arizona Law (ARS 13-3916), the officer can enter the residence as long as an officer has a valid warrant and any one of the following;
1. After notice of the officer's authority and purpose, the officer receives no response within a reasonable time.
2. .....the officer is refused admittance.
3. A magistrate has authorized an unannounced entry (a judge has issues a search warrant) in accordance with Arizona Law (ARS 13-3915).
It shouldn't make any difference if a minor is home as long as the police have been issues a valid warrant by a judge for the residence.
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On 11/16/08
janine from NY said:
Consent is an exception to the warrant requirement. Once you said yes, they no longer needed the necessary warrant to search. Remember they cannot search your home without a search warrant supported by probable cause and affirmed or taken under oath, unless an exception applies, here it is consent
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On 05/02/04
Guess Who from CA said:
Does that apply to california laws? are the police allowed to search with a search warrant when no one's home in california?
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On 03/06/02
Erik from CA said:
The cops came to my house one time and asked if they could search my room because they suspected that I had stolen property and I said Yes since I didnt have anything to hide. They didnt have a warrant does that qualify as a illegal search?
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