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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70187
Experience:  Over 5 years in practice
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can the police enter my home if they forget to bring a warrant

Resolved Question:

can the police enter my home if they forget to bring a warrant with them that has been issued
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

Could you explain your situation a bit more please?
Customer: replied 3 years ago.

the police came to my house to search saying on information received they had a warrant to search for drugs but they did not have a warrant with them

Expert:  Jo C. replied 3 years ago.
Thanks

Is there any reason to believe it doesn't exist?
Customer: replied 3 years ago.

no=the warrant does exist but they did not show it to me until six days later

Expert:  Jo C. replied 3 years ago.
Thanks for the information and the time.

I am sorry but I cannot give you good news then. I’m afraid you are in difficulty here.

They should leave the homeowner a copy of the warrant and the search and seizure documents. However, if they have failed to do so that really only amounts to a complaint about them.

The warrant itself gives rise to the power to enter. The fact that they did not physically have it with them at the time of acting does not mean they cannot act upon a warrant I'm afraid.

I'm sorry this isn't the answer you wanted but it is the position that you face and I have a duty to inform you truthfully.

Hope this helps. Please let me know if you need more information.

Jo
Customer: replied 3 years ago.

thanks for your honesty and your answer was what I expected so now I will put in your rating so you can be paid= thanks again

Expert:  Jo C. replied 3 years ago.
No problem and all the best.

Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/


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