Are law enforcement able to raid peoples homes? 40 Answers as of May 16, 2011

In your submission you asked if the police can execute a search or arrest warrant at any hour and even if there are infant children in the home. The police can apply for a no-knock warrant and can raid a house any time the court allows. They usually execute a search or arrest warrant very early in the morning hoping the residents will be home and asleep. They yell "police" and then break down the door before the people can dispose of the drugs or get to weapons. That is why the courts allow early hour warrants and no-knock warrants. If you give the residents time they will flush the drugs and grab their guns. The police don't have to even tell the judge about young children, but hey will try to be more careful if they know there are children.

Yes, law enforcement raids homes as it sees fit according to what they are seeking and the nature of the case. It's not always reasonable but this is the reality.

Getting into a residence requires: consent, an emergency or a search warrant.

The 4th Amendment to the U.S. Constitution protects citizens from unreasonable searches and seizure by the police. Absent certain limited exceptions, the police cannot "raid" a home without a warrant. Once a search warrant is authorized, the police can execute the warrant at any time. If you want further information, contact us.

In order to search a home the police either need probable cause to believe something illegal is going on and there is not time to get a warrant without the possibility of the suspects fleeing or evidence being destroyed or they must obtain a search warrant signed by a judge. The warrant will state what the police can search for and the time when it can be executed ( performed ). Usually search warrants are carried out during hours when the people are expected to be there and this can include the wee hours of the morning and whether there are infants present or not.

No, in general, in order for law enforcement to enter a home they must either have a search warrant, probable cause & exigent circumstances, or be invited in.

In most situations the police need a search warrant to search or "raid" a home. The warrant needs to be signed by a judge who decides if there is probable cause that there is evidence of a crime present. If the police search after normal hours they need special permission by the judge. There is no deadline on when they cannot get the warrant unless the time to file charges has expired. Unfortunately the fact that children might be present is really not a factor in these considerations.

Of course. Havent you seen it on the TV news every week? It can be done anytime with a warrant, or in pursuit of a criminal they see enter the place.

Of course you can fight it. If it happens, and you are arrested or charged with any crime, the proper questions are, can any evidence obtained in a search or confession be used against you, and can you be convicted, and what can you do? Raise all possible defenses with whatever admissible and credible witnesses, evidence and facts are available for legal arguments, for evidence suppression or other motions, or at trial. While this isn't a 'capital case', you certainly face potential jail and fines, so handle it right. Effective plea-bargaining, using those defenses, could possibly keep you out of jail, or at least dramatically reduce it. Go to trial if it can't be resolved with motions or a plea bargain. There is no magic wand to wave and make it all disappear. Not exactly a do it yourself project in court for someone who does not know how to effectively represent himself against a professional prosecutor intending to convict and jail you. If you don't know how to do these things effectively, then hire an attorney that does, who will try to get a dismissal, diversion, reduction or other decent outcome through plea bargain, or take it to trial if appropriate. If serious about hiring counsel to help you in this, and if this is in SoCal courts, feel free to contact me. Ill be happy to help use whatever defenses there may be.

If exigent circumstances or other circumstances exist that would give rise to the specific need for a law enforcement raid.

A "raid" as you decribe it, can be accomplished at any time of day or any day of the week. The "raid" must be accompanied by a valid search warrant issued by a judge to permit the law enforcement officials to enter into your home and conduct the search. Having infant children inside the residence will not have any effect on the service of a search warrant.