Recently, we discussed limited circumstances when police aren’t required to have a warrant to search a person’s property without their permission. If the police arrive at your home with a warrant, it’s crucial to make sure that it’s valid before letting them in.
Before flinging the door or gate wide open to them, you should first check that the search warrant permits them to carry out the search. Here are some reasons why it might not:
It’s expired
Judges do not approve warrants that last forever. Rather, they put a date on them that gives the police a certain amount of time to execute the search. If the warrant expired yesterday, then the officers should leave and get a new one before you have to let them in.
It’s not signed by a judge
Warrants are sometimes issued in a rush or at an unusual hour and even the most astute person can make a mistake. If the judge’s signature is missing, then the warrant is worthless, so once again you can advise the officers that you will not be permitting them to enter until they return with everything correct.
Key information is incorrect
Maybe the officers have a warrant for one of your neighbors but came to your home by mistake. Perhaps they have one for an address where you used to live and have come to your new address to serve it. If the address and any name on the warrant are not completely accurate, you have the right to turn the officers away.
If the search has already happened, you might not have known this. If you suspect the warrant was invalid, it’s wise to get legal guidance to protect your rights.
