Can a sheriff’s officer search my home with a but warrant for someone who doesn’t live at my home?
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Can a sheriff’s officer search my home with a but warrant for someone who doesn’t live at my home?
The city I live in conducted a
Asked on April 25, 2016 under Criminal Law, Texas
Answers:
B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
The police can only enter a home if they are in "hot pursuit" of the defendant or have a warrant to enter the home.
If the warrant was a general warrant just looking for the defendant, then they did not have authority to enter your home. If the warrant did specify your residence as a location they could enter and search, then the police did have authority to enter. However, a warrant does not justify them treating you like a criminal when you are not one.
If the search was illegal (i.e. no warrant for for entry), then consider filing a civil rights lawsuit. If the search was legal, but their conduct was inappropriate, consider filing an internal affairs complaint with the prosecution's office or the law enforcement agency that conducted the warrant.
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