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

I was wondering is there any time frame that law enforcement able to raid a house? What if the people they are raiding has infant children. Are law enforcement able to raid peoples home 24-7?

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Law Offices of John Carney
Law Offices of John Carney | John Carney
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.
Answer Applies to: New York
Replied: 5/16/2011
Law Office of Tracey S. Sang
Law Office of Tracey S. Sang | Tracey Sang
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.
Answer Applies to: California
Replied: 5/13/2011
The Law Office of Harry E. Hudson, Jr.
The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
Getting into a residence requires: consent, an emergency or a search warrant.
Answer Applies to: California
Replied: 5/12/2011
Edward  D. Dowling IV Attorney at Law
Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
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.
Answer Applies to: New York
Replied: 5/12/2011
Craig W. Elhart, P.C.
Craig W. Elhart, P.C. | Craig Elhart
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.
Answer Applies to: Michigan
Replied: 5/12/2011
    The Law Office of Eric R. Chandler, P.C., L.L.O.
    The Law Office of Eric R. Chandler, P.C., L.L.O. | Eric R. Chandler
    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.
    Answer Applies to: Nebraska
    Replied: 5/11/2011
    Law Office of Peter F. Goldscheider
    Law Office of Peter F. Goldscheider | Peter Goldscheider
    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.
    Answer Applies to: California
    Replied: 5/11/2011
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    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.
    Answer Applies to: California
    Replied: 5/10/2011
    Law Office of Sam Levine, LLC
    Law Office of Sam Levine, LLC | Sam L. Levine
    If exigent circumstances or other circumstances exist that would give rise to the specific need for a law enforcement raid.
    Answer Applies to: Georgia
    Replied: 5/10/2011
    Law Office of Phillip Weiser
    Law Office of Phillip Weiser | Phillip L. Weiser
    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.
    Answer Applies to: Kansas
    Replied: 5/10/2011
    The Law Offices of Robert L. Driessen
    The Law Offices of Robert L. Driessen | Robert L. Driessen
    As long as the raid is done legally than yes it can be done at any time. Basically as long as there is a valid warrant for the raid it would be deemed legal.
    Answer Applies to: California
    Replied: 5/10/2011
    Law Office of Andrew Subin
    Law Office of Andrew Subin | Andrew Subin
    If police have a valid search warrant, they can enter your house at any time of day.
    Answer Applies to: Washington
    Replied: 5/10/2011
    Bloom Legal, LLC
    Bloom Legal, LLC | Seth J. Bloom
    If law enforcement officers have a warrant to search your home then they are not required to give you any sort of notice before coming to do so. There will likely be a deadline on the warrant by which they will have to have conducted the raid but there is no requirement for notice or that it take place during business hours or something like that.
    Answer Applies to: Louisiana
    Replied: 5/10/2011
    Michael Anthony Wing, P.C.
    Michael Anthony Wing, P.C. | Michael Anthony Wing
    There can be a reasonableness consideration under the Fourth Amendment to the United States. However, odds are, if they had a warrant that was supported by probable cause, then the search is going to be upheld. Having said that, you should have the facts reviewed by counsel for all potential defenses to be weighed. Stay well.
    Answer Applies to: Alabama
    Replied: 5/10/2011
    Law Offices of Scott G. Hilderman
    Law Offices of Scott G. Hilderman | Scott G. Hilderman
    Baring an exception to the warrant requirement as set forth in the Fourth Amendment to the U.S. Constitution such as "hot pursuit", law enforcement would be required to get a warrant executed by a judge issued upon a showing of probable cause, a search warrant or an arrest warrant. If they have a search warrant they must execute that in day light hours unless they request an exception and the judge grants it. If they have an arrest warrant they may execute it at any time of the day. The fact that there are infant children in the home does not have any effect on their ability to obtain a warrant.
    Answer Applies to: Montana
    Replied: 5/9/2011
    Theodore W. Robinson, P.C.
    Theodore W. Robinson, P.C. | Theodore W. Robinson
    Yes, they are able to raid at any time - depending upon the circumstances. Children should not be in a place that is likely to be raided, so the parent who puts them in such a situation stands to lose them if a raid occurs. Best to get them out of that house or apt.
    Answer Applies to: New York
    Replied: 5/9/2011
    Jules N. Fiani, Attorney at Law
    Jules N. Fiani, Attorney at Law | Jules Fiani
    Yes they are able to if they have a search warrant or an arrest warrant.
    Answer Applies to: Michigan
    Replied: 5/9/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    Your answer requires much more information about the facts. Under the Constitution, any search or seizure requires a warrant supported by probable cause. However, there are warrant exceptions which include exigent circumstances which may allow a search or a seizure without a warrant. You should speak with an attorney immediately regarding your legal matter.
    Answer Applies to: Minnesota
    Replied: 5/9/2011
    Law Office of John Schum, LLC
    Law Office of John Schum, LLC | John Schum
    When the police get a search or arrest warrant they usually have a provision in the warrant that allows for entry at any time or the hours are limited until 10:00. If this was not covered or the police violated the hour limitation, it would be unlikely for the evidence seizes during the search to be suppressed. I hope this helps you sort your legal situation out. If you want to set up a free consultation to go over your situation in more detail or to retain me to assist you with this matter, please email me.
    Answer Applies to: Hawaii
    Replied: 5/9/2011
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    Law enforcement is allowed to enter into a person's house on limited occasions. First, they are allowed to enter into premises with a valid search warrant. The search warrant can be executed in the evening hours or at any time within a reasonable time after the search warrant has been secured.Second, law enforcement may enter into premises to execute an arrest warrant on a person if they have proper reasonable cause to believe that the person named in the arrest warrant is located inside the premises and once inside may search anywhere that that person may have a place to hide.Third, in an emergency situation they may enter into premises to aid persons in distress. Fourth, they may enter into premises if a person that they are pursing runs into a residence or building. Fifth, they may search any person, place or thing if they are given permission.The fact that infant or small children are present makes no difference to law enforcement if they conduct a search.
    Answer Applies to: Alabama
    Replied: 5/9/2011
    Law Office of Eric Sterkenburg
    Law Office of Eric Sterkenburg | Eric Sterkenburg
    With the proper warrant they can. They can only search without a warrant if the person living there is on probation or parole.
    Answer Applies to: California
    Replied: 5/9/2011
    Thomas J. Tomko Attorney At law
    Thomas J. Tomko Attorney At law | Thomas J. Tomko
    There is a right to be secure in your home absent issuance of a warrant based on probable cause. Exigent circumstances, immediate safety, flight, are reasons that could be asserted as exceptions. A child in the home is not a bar to execution of a warrant. Complaint about the time of execution of a warrant could be made if based on harassment or some other reason, however, the likelihood of success is suspect. I hope that this was helpful.
    Answer Applies to: Michigan
    Replied: 5/9/2011
    Goolsby Law Office
    Goolsby Law Office | Richard Goolsby
    Yes, provided they have a search warrant, or consent or some other exception to the warrant requirement, the police may generally execute the warrant at any time, day or night. You should consult with an attorney ASAP as to all your rights and options. Good luck!
    Answer Applies to: Georgia
    Replied: 5/9/2011
    Law Office of Geoffrey M. Yaryan
    Law Office of Geoffrey M. Yaryan | Geoffrey M. Yaryan
    Police must have a search or arrest warrant to enter someone's home without their consent.
    Answer Applies to: California
    Replied: 5/9/2011
    Tracy L Henderson, Attorney at Law
    Tracy L Henderson, Attorney at Law | Tracy L. Henderson
    They need a search warrant.
    Answer Applies to: California
    Replied: 5/9/2011
    Harden Law Offices
    Harden Law Offices | Leonard D. Harden
    It depends, the constitution says no unreasonable search and seizures, so generally no police are not allowed to raid a home. However, if a warrant is issued or under special circumstances police may break in. The presence of children will not make a difference unless the police are claiming an exigent circumstance due to the infant.
    Answer Applies to: New Hampshire
    Replied: 5/9/2011
    Expert Bronx Criminal Lawyers
    Expert Bronx Criminal Lawyers | Alexander Sanchez
    Law enforcement can raid homes only under two circumstances. The first is when a search, or arrest warrant has been issued by a Judge authorizing the entry into the premises. The warrant is only issued for a designated period of time, and may indicate the hours at which the warrant can be executed. If no hours are indicated, then it can be executed 24/7. The second is when there are "exigent circumstance". This essentially means when there is an emergency, such as when shots are fired from inside of a house, or when a felon runs into a house in an attempt to escape police, or when the destruction of evidence is at hand. The fact that children are in the house is of no consequence, otherwise criminals would load the house with kids in an attempt to create legal barriers to the execution of the warrant.
    Answer Applies to: New York
    Replied: 5/9/2011
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    Law enforcement can raid your home at anytime. If they have a warrant then they will come when they believe they will be offered the least resistance. You are never required to let them in without a warrant. It is always best to speak with them outside and never let them in.
    Answer Applies to: Nebraska
    Replied: 5/9/2011
    Law Offices of Steven R. Decker
    Law Offices of Steven R. Decker | Steven Decker
    Most law enforcement officers, with a warrant, prefer to do a raid at 6::00am when the occupants are home. They can raid at anytime also without a warrant if in "hot pursuit".
    Answer Applies to: Illinois
    Replied: 5/9/2011
    Ferguson & Ferguson
    Ferguson & Ferguson | Randy W. Ferguson
    Depends on probable cause and if they have a warrant. It does not matter if you have children or not. Drug dealers have kids too.
    Answer Applies to: Alabama
    Replied: 5/9/2011
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    Law enforcement can only enter your home if 1) they have permission, 2) they have a valid warrant, or 3) a warrant exception. It doesn't matter whether there are children present or not regarding whether they can enter the home.
    Answer Applies to: Michigan
    Replied: 5/9/2011
    Dennis Roberts, a P.C.
    Dennis Roberts, a P.C. | Dennis Roberts
    If the warrant doesn't say "valid for nighttime service" it is only good until 10 p.m.
    Answer Applies to: California
    Replied: 5/9/2011
    Law Offices of Ramona Hallam
    Law Offices of Ramona Hallam | Ramona Hallam
    Law enforcement can "raid" your home by obtaining a search warrant. The search can take place at any time of day or night. Police do not have to wait until you are awake and alert to enter. In some cases, it almost makes more sense to "raid" at night, particularly when people are sleeping who might be dangerous when awake.
    Answer Applies to: California
    Replied: 5/9/2011
    Law Office of Joseph A. Katz
    Law Office of Joseph A. Katz | Joseph A. Katz
    Only with a search warrant or in hot pursuit of a fleeing felon. There are certain other exigent circumstances that allow law enforcement to enter someone's home without a warrant, but they are limited.
    Answer Applies to: California
    Replied: 5/9/2011
    Law Office of Rankin Johnson IV, LLC
    Law Office of Rankin Johnson IV, LLC | Rankin Johnson IV
    Entering a house is a search, and it is allowed only if the police have a warrant or one of a handful of exceptions to the search warrant requirement. A warrant is a judge's formal permission to do something, such as search a house or arrest someone. A search warrant may specify when the search can take place, including permission to search late at night by surprise. If the police don't have a warrant, not many of the exceptions to the warrant requirement would be likely to permit a late-night raid on a house.

    If the police had "probable cause" meaning a strong basis to believe, that evidence of a crime would be found inside, and if the evidence was likely to disappear, the police could enter the house to search for the evidence. They could enter if invited. There are other exceptions, and one might apply, but probably not. Whether the police can search in a particular instance is complex, but there isn't much for you to do about it. Don't invite them, and say that they don't have your consent to enter, but don't try to stop them. You might not know the facts on which the legality depends, or whether it's worth fighting about. If you think the search was illegal, talk to a lawyer afterward.
    Answer Applies to: Oregon
    Replied: 5/9/2011
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