Can police enter your home with a search warrant?

[Texasgal]

Can they enter for a misdemeanor warrant?

[LostinVA]

1. Yes, they can enter if they have a valid warrant

[taterguy]

2. call a lawyer now

[AirmensMom]

3. Are they trying to do that?

To you?

[nothingshocksmeanymore]

4. It's either a valid search warrant signed by a judge or it's not

There's not really a "misdemeanor" warrant. The warrant should specify the exact address to be searched and the specific item they are searching for. If the warrant only specifies a portion of the property such as the yard, then that is all they can legally search. If the warrant specifies they are searching for a specific person then, in most cases, the search is complete and warrant fulfilled once they have that person.

IF you want more specificity, you have to post more info

[petronius]

5. But they can have an arrest warrant even if the crime is a misdemeanor,

correct? I had thought that an arrest warrant gives police the right to enter a house if they have solid reason to believe that the person is currently there, but not to just 'search' for the person. (I could be wrong of course, I've never been a cop, lawyer, arrested, or searched.)

[jukes]

7. an arrest warrant

does NOT justify a search of a premise. it only justifies taking the person into custody.

[petronius]

But does it justify entering the premises to get the person

if the person named on the arrest warrant is known to be inside? And if so, does it make a difference if the property is owned by the person to be arrested, or if it is someone else's property?

Correct me if wrong, but I'm under the impression that there are two types of warrants:

1. search warrants, which allow a search of a specified place to find specified objects reasonably believed to be there, and
2. arrest warrants, which name a person to be taken into custody and which allow entry into property where that person is reasonably believed to be, but only for he purpose of arresting the named person.

Have I been watching too much TV?

[jukes]

12. ONLY

if there's an absolute certainty the wanted person is inside, or "probable cause" to believe he/she is inside and it is there known residence.

very "iffy". i'd want a lawyer standing by to clarify exact conditions. it's a sad truth, but cops will enter if they can "con" you into giving permission, or just enter at will, and perjure themselves in court.

most cops are too lazy to do things correctly.

[petronius]

14. Very interesting - thanks for the clarifications...(nt)

[jukes]

15. no prob!

definitive legal counsel from an actual lawyer is paramount under *actual* circumstances, o/c!

[nothingshocksmeanymore]

8. The warrant pertains only to the search not the charge

[jukes]

6. good post, nsma!

a search warrant shd be quite limited; if you "allow" them to search elsewhere, you may have difficulty getting it thrown out later.

call a lawyer!

[nothingshocksmeanymore]

9. That's right. It's called consent and been upheld by the courts.

[jukes]

10. and they WILL trick you

never trust a cop!

[AirmensMom]

11. Whatever it is,

I'm getting worried about Texasgal. I wonder what's happening. :(

[nothingshocksmeanymore]

13. I dunno?

She just posted elsewhere a few minutes ago, so I doubt this is about her