Can police search my home looking for somebody else? 11 Answers as of December 21, 2011

They lawfully need a search warrant to look for someone in your home even if they have an arrest warrant for that person.

For the police to search your home without a warrant the facts of the reason for the search have to fall into one of the exceptions. The police have to be in hot pursuit of a felon or person they believe is a criminal. They have to have seen the crime or evidence of a crime in plain view from a place that they had a right to be. Or they have to have reasonable cause to suspect that evidence will be destroyed or missing if they took the time to get a warrant. If none of these exceptions apply then the search is illegal.

The police need a warrant to search someone's home. There are a few exceptions to this warrant requirement including consent. You do not have to allow the police department to search your home if they do not have a warrant. In fact, if you invoke your rights and deny entry, they cannot insist entry nor can they keep harassing you to allow entry.

If they have a warrant, they're coming in. You can't stop them, so don't try. Attorneys can challenge a warrant after it's executed, but nobody on earth can stop police from executing a warrant once it's issued.

You do not have to let them in unless they have a valid warrant. Ask them to see it before even thinking about letting them in. Unless they have recent, legitimate information that the person they are seeking is there at that time, or are in "hot pursuit" of this guy who has just committed a felony, or you consent (as you can see, they'll pressure you in all sorts of ways to get you to allow them in, called consent), they can't come in without a warrant. Stay IN your house when you deny them entry; at least in your doorway. They may try to get you to come out, but if you do they may feign a charge of resisting arrest or some such thing; then they'll try and enter anyway on this basis or some other. Have your attorney's card close at hand - you may need it. It is good to have another witness present as well to verify or corroborate your story later, if that becomes necessary. Three times a week is ridiculous especially if the person they are looking for doesn't live there or has no connection to the residence. If it continues, contact the police/sheriff sergeant; go into the office and file a formal complaint. Get badge numbers and names. They will try and talk you out of filing a written complaint, but don't let them do it. If that doesn't work you may have to file a lawsuit, but I hope not. Unfortunately, the courts have been very liberal in the last few years in upholding warrantless searches in all sorts of situations. Call it terrorism, call it "tough on crime," or whatever you like, but our Fourth Amendment rights are being slowly but surely whittled away. You don't see it until it happens to you, like this. And as the police gain more power, your rights as a free citizen are diminished. Make them stick to the Constitution!

You can sue them. A case was revived on Friday where a detective lied in a search warrant application saying that he had reason to believe that the person he was looking for was at a certain house. The guy had been in prison for six months.

No unless they have a warrant or other reason this is not legal.

A person's home is his last point of control in this world. Short a search warrant you do not need to consent to the police searching your home. In law we have an old saying, "A man's home is his castle. The cold air may enter, a small mouse might find his way in, but the King and his men cannot enter."

To search your house for some one who has a warrant for their arrest, the cops have to have reasonable belief that the person resides there or is there at the time. If not they cannot enter. You might want to speak with an attorney about the specifics. At some point this could be condered harassment.

Contact the agency and ask to speak with the Watch Commander. Explain what is happening and ask for the phone number to internal affairs. Document the names and badges of all officers on site and demand to see a copy of the warrant.