Search Warrants: What to Do?

Most people never have to worry about things like search warrants, but they tend to pop up when you least expect them. Just because the police want to search your home (or any other premises you own) doesn't mean that you're being charged with a crime, but it does mean that the police suspect your property was used in the commission of a crime or in the harboring of a criminal.

When the police come to your home with a search warrant, it is normal to feel afraid and concerned. Following is an explanation of the steps to take to ensure that your rights are not violated.

Ask to See the Warrant

The police have an obligation to let you see the search warrant before they can come into your home. Make sure that you've seen badges from at least one of the officers, and ask to physically see the piece of paper that lists the things the police are looking for, the address and the persons named on the warrant. This is important for many reasons, not the least of which being to ensure a warrant actually exists.

Look Over the Listed Items

Most search warrants are limited in scope, which means that the police can search your home for only a select group of things. For example, if the officers think that a gun used in a homicide has been left at your home, the warrant will list the gun (including the caliber, if applicable). Don't let them take anything from your house that isn't listed on the warrant.

Observe the Search

In most states, you have the right to be present when a search warrant is served on your home or other property. Don't be shy about defending your rights, and ask that you be in the room whenever it is searched. You'll need to stay out of the officers' way, and you shouldn't argue with them about what they are doing or how they are treating your belongings, but at least you'll have been present.

Mention Things They Might Find