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What kind of warrant do police need to search your home, for some one that is related to you?

Santa Fe, TX |

I have never had my home searched before . I ask if they had a warrant but I was never allowed to look at it? of course, I let them. But we were a sleep when this happened and I had children here.
So how can I protect myself and make sure it was the right thing?

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Attorney answers 3


Absent what are called "exigent circumstances"...basically an emergency situation...police need what is called a "search warrant" to be allowed to legally search a person's house.

If you believe your house was illegally searched, consult a criminal defense lawyer in the nearest fairly large city to your town.

Answers on Avvo are for general information purposes only and should not be relied upon as legal advice. No attorney / client relationship is created by providing this answer. For specific advice about your situation, you should consult a competent attorney of your choosing.


The forcible or active search of a residence is a very dangerous exercise for every single person at the residence and member of law enforcement attempting to conduct the search. If the process goes well and without problems, a person is arrested without major incident and everyone goes about their business. However if the search goes awry for any reason, the situation can quickly turn into a violent horror story with all sides making wild and furious accusations against each other.

For these and many other reasons, just to protect life I whole heartedly remind people all the time, that the only thing that keeps someone alive in a battle zone is their ability to remain calm and not loose their cool. As a piece of paper or well intended thought will not stop a bullet. It is only AFTER THE FACT in a courtroom where paper and pen will control over bullets and guns.

Martin Zimmerman

Martin Zimmerman, P.C. 189 E. San Antonio St. P.O. Box 310704 New Braunfels, Texas 78131-0704 Tel: (830) 606-7886 Fax: (830) 627-2890 The information contained in and transmitted with this e-mail is: 1) Subject to the Attorney-Client Privilege; 2) Attorney Work Product; or 3) Confidential It is intended only for the individual or entity designated above. Any distribution, copying, use of, or reliance upon the information contained in and transmitted with this facsimile by or to anyone other than the recipient designated above by the sender is unauthorized and strictly prohibited. If you have received this e-mail in error, please notify Martin Zimmerman, P.C. by telephone


If you don't know if the police had a search warrant, you may submit an open records request to the court clerk (a warrant would have been signed by a magistrate; if you don't know which judge signed the warrant you may have to ask around.) Both the warrant and the probable cause affidavit are subject to disclosure under the Texas Public Information Act.

However, if they announced that they had a warrant then they would have been obligated to show it to you upon asking. If they don't have a warrant, then you're under no obligation to let them into your house.

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