Full question:
Two officers from the local PD got a search warrant to search my next-door neighbor’s house at 11 p.m. These officers knocked the front door down without any warning and barged into the house. This incident occurred after my neighbor had lodged an internal complaint with the local PD against these two officers harassing and verbally abusing a couple of teenagers in the neighborhood. The officers said that they have the warrant to search his house for possession of controlled substances. I am apprehensive about being treated the way my neighbor was. Are the officers entitled to barge into a residence unannounced?
- Category: Criminal
- Subcategory: Warrants
- Date:
- State: National
Answer:
Technically, a search warrant is a legal document issued by the competent authority authorizing a police officer or other official to enter and search premises and in doing so they are authorized to use a reasonable amount of force. The search warrant authorizes the police officers to search a particular place, at a particular time, and for specific items.However, they are authorized to seize an item that wasn’t mentioned in the warrant if it is an evidence of a crime or a contraband.
Having a search warrant does not give the authorized personnel to conduct themselves as they wish. There are etiquettes, rules, and procedure that a police officer must adhere to while executing a warrant. First and foremost, the officer is to follow the knock-notice rule that requires them to announce themselves before entering a person’s premises. They are not authorized to barge into dwellings and seize property except under certain specified circumstances.
The officers are required to present the occupants of the dwelling with a copy of the warrant on such request. The officers are expected to extend basic courtesies with occupants who co-operate with them during their search.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
