Police knocked on the door and say they are getting a search warrant then they enter the premises to secure it they said this was done about an hour prior to the search warrant even been signed how did they know the judge was going to sign the search warrant what gave them the right to come in. there were no circumstances in which they needed to enter prior to the search warrant nobody was in danger they weren’t chasing anybody and there was no chance of evidence Being destroyed
A search warrant is just that.... authorization from a judge to enter and search. Absent a signed warrant, law enforcement cannot enter your home without consent or some other exception to the warrant requirement
There are a few US Supreme Court and California Supreme Court cases that say yes, the police can, in some situations, secure a home while a warrant is obtained. It depends on the situation, and such facts as what reason do they have to suspect evidence may be found there, how serious is the crime, how long will they have to secure the home, etc. If they found evidence of a crime and you or somebody you know is now charged, make sure your lawyer knows 4th Amendment search and seizure law, a suppression motion might get the evidence excluded. If you are just upset that the police secured your home but no evidence was found, it's unlikely you have any recourse.
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