Can the police enter a home with search warrant for someone else?

A warrant allows the police to search whatever location is identified in the warrant for the contraband or persons identified in the warrant–even if that means entering and searching person A’s home with a warrant for person B.

A warrant is a court document which gives the police the authority or legal permission to enter and search a specific place for specific evidence or persons. The warrant must specify the location being searched. It must also specify what (or who) that location is being searched for (that is, for what or who are the police looking). A failure of the warrant to specify the location to be searched or the object of the search, or a mismatch between the warrant and the location entered (for example: the warrant specifies searching 35 Madison Street, but the police read the number backwards and entered 53 Madison Street) renders the search illegal and the results of the search inadmissible (or unusable) in court.

But those are the only restrictions on a warrant: that it must identify the location and it must identify what or who is being searched for. In particular, there is no restriction that a building or home or apartment must belong to (or be rented by, or otherwise occupied or controlled by) the person that the police are searching for (or who is believed to be the owner of the items for which they are searching), or that the police can only execute a warrant relating to a person in his or her own home. Rather, the police can enter any home (or office, or other location) in search of anyone–or anyone’s contraband or evidence–as long as it’s spelled-out properly in the warrant.

Of course, the police first had to get the warrant, which means they had to have sufficient credible (believable) evidence to convince a judge that who or what they are looking for may be found where they want to look. There must be some connection between the person who is subject of the warrant and the location: it must be a friend’s house, a significant other’s or family member’s home, a place where he was at a party recently, etc. There must some reason why that person, or whatever items or belongings of his or hers which the police are searching for, would logically be there.

And there must be more than just logic, generally. There should also be some testimony or other evidence tying that person to that location, as, for example, a photograph of him or her at the location, the testimony of someone who saw him or her there, or property records showing it’s owned by his or her sibling or parent. Assuming that there is evidence showing some connection to the location, and that therefore, the warrant was authorized, then the police can enter Person A’s home on a warrant relating to Person B.

Case Studies: Search Warrants and Property Searches

Case Study 1: Searching John’s Home with a Warrant for Sarah

The police obtained a search warrant specifically targeting Sarah and her belongings. However, due to an error or miscommunication, the warrant incorrectly identifies John’s home as the location to be searched.

The legality of the search, in this case, depends on the accuracy of the warrant and its alignment with the Fourth Amendment protections against unreasonable searches and seizures. If the warrant clearly states that it is intended for Sarah and her belongings and accurately identifies John’s home as the search location, the police have the authority to enter and search John’s home.

However, if the warrant contains errors, such as an incorrect address or fails to properly identify the location or the individual being searched for, the search may be deemed unlawful. In such situations, any evidence obtained during the search could be considered inadmissible in court.

Case Study 2: Establishing the Connection Between the Warrant and the Location

Suppose the police have obtained a warrant to search for Sarah and her belongings at a specific location. To justify the search, the police must provide sufficient credible evidence linking Sarah to the location specified in the warrant.

This evidence could include testimonies from individuals who have seen Sarah at the location, photographs showing Sarah at the premises, or property records indicating a familial or ownership connection between Sarah and the property. Without such evidence, the warrant may be considered insufficient, and any search conducted based on that warrant could be deemed unlawful.

Case Study 3: Authorization and Execution of the Warrant

The police have gathered enough credible evidence to convince a judge that Sarah (subject of the warrant) and her belongings may be found at a particular location. Based on this evidence, the judge authorizes a search warrant for that location.

The warrant grants the police the legal authority to enter and search the specified location for the objects or persons outlined in the warrant. It is crucial for the warrant to accurately identify the location to be searched and clearly state the purpose of the search.

Any discrepancies or omissions in the warrant’s details can render the search illegal, and any evidence obtained during the search may be deemed inadmissible in court.