Can police officers enter your home for a person if your not home to sign the search warrant?

Question

police officers entered my home & arrested my boyfriend (who is not on my lease) while i wasn't home. i received a phone call & came home to be presented with a warrant for me to sign after they had already been in my home.

Answer 1

A gray area, but if your boyfriend voluntarily opened the door, he basically opened the door for them to be arrested. Now if they beat down the door, its another story unless it was a no-knock warrant. Am not qute sure why they came back to have you sign it unless they were covering their butts, though. Let his public defender know and they straighten it out in court

Answer 2

OK, I am lost here. Provide more information for us to work with.

Why were they there, call for service, search warrant (see below) boyfriend has an outstanding warrant of arrest?

What was he arrested for? Did he resist the search warrant (bad decision) was he the subject of the warrant?

Who called you and why?

What did you sign?

If I have a warrant to search an area, lets say your house, I need not have you sign anything. I have everything I need in that warrant, you have no say so in what I do. That’s the whole idea on getting the warrant. In fact I would rather no one be there as I execute the warrant it’s safer for me. I don’t need you to sign anything, nothing at all. I must leave a copy of the warrant and a copy of the list of things I took pursuant to the warrant. I don’t need you to sign for that paper. If your not there I tape it to the door.

Something is missing here.

Answer 3

I'm pretty sure if a judge issues a warrant to search your house, they don't have to have your permission also. That really wouldn't make sense. It's not like they are going to go away if you refuse to sign. Also if you are on a lease, you don't own the property anyways.

Answer 4

The judge only has to issue it. You signing it is irrelevant.

Besides, what if you are wanted for murder and they get a warrant to search your house... do you think they are going to tell you beforehand?

Answer 5

You don't sign a search warrant and search warrants are issued by judges only after the officer convinces a judge that someone or something needs to be siezed. Nobody has to be home either. My guess is, you signed a consent to search.

Answer 6

As long a the warrant has been issued by a judge, they don't have to wait for you to get home, and they don't need your permission.

They knew he was there, called the judge, and went in!