If your mom, friend, whatever says you aren't at home, what kind of paperwork is needed by a cop to forcefully enter your home to search for you (if you are even there)? What if they don't read your rights to you?
If they need a search warrant, do they have to show a piece of paper stating they have one? And what can you do if they decide not to read rights to you (or forget)
elchistoso69
Favorite Answer
They will most likely need a warrant to enter the home. The only exception to this would be, for example, if there was a pressing issue that the subject of the warrant is inside and destroying evidence of a crime. So if they can articulate that they stormed the house without the warrant to keep him from flushing drugs down the toilet, they could enter without a warrant, but that doesn't sound probable in this case. Even if it were, if a judge decided they didn't have enough articulable facts, he would throw it out.
If they have a warrant, and whoever answers the door requests to see it, they will likely produce it, but they don't have to. They have the warrant, and if they want to, they can bust down the door and enter the building. If they do that, and it is later found out that they don't have a warrant, they are in BIG trouble if they are sued. They would prefer to just show it to you and avoid problems, if possible. But if they have a pressing reason to enter and clear the building quickly, they may just barge right in.
Your rights are your rights. You don't have to have them read to you to exercise them, and you don't have to be under arrest first.
My advice, turn yourself in. Eventually, you will be caught, and it will go worse on you then.
El Chistoso
Tippy's Mom
Depending on the situation and the warrant issued. If your address was listed as your Moms, a friends, or whatever, they may have the right to come in and be shown your quarters and those may be searched. If the friend, your Mom, or whom ever chooses to ALLOW them in to look, they can! If you have a warrant, why not just call and arrange a surrender? You do not have a right to EVADE being taken into custody! If they don't read you your rights on a warrant I have no idea what, if anything can be done, since you have not been questioned, admitted anything untowards that can be used against you. Your rights can be read to you AFTER you have been arrested, taken into custody and are sitting in the jail house waiting. As long as you have not been questioned about any crimes you have committed, I don't believe they are violating your rights. If a felon is being chased and can duck into his Momma's house and be HOME FREE, do you think we would have a problem with that? The police have some latitude in securing a felony warrant. If you want to know for sure, contact legal aid or your lawyer who can best advise you and maybe negotiate a surrender so that you can be safely taken into custody and your rights totally preserved. Good luck!
Watcher111
A felony warrant for your arrest authorizes any law enforcement official to take you into custody. If the officers saw you enter the residence or that have reason to believe you are the(you visit often) then they can enter to search for you. If you are there and your friend refuses to let them in then he can be arrested for obstruction of an officer and harboring a fugitive.
You will not be read your rights until they question you about the crime for which the warrant was issued.
Anonymous
They would have to have a search warrant. An arrest warrant does not authorize police officers to enter the house to search for you unless they have a legitimate reason to believe you are in there (for example if they saw you run into the house)
EDIT: Yes they are REQUIRED to show you the warrant. Also, the police do not always have to read you your Miranda rights. The Miranda warning is only required if there is a custodial interrogation (a questioning). Even if they do interrogate you and forget to read you your rights, all it means is that anything you said will not be admissible in court.