My adult daughter, who used to rent /live with me, did not show up for court and now has a warrant out for her. The police have been to my door several times looking for her and I have told them she is no longer here. Now they come in the middle of the night, without coming to the door, with their car parked somewhere down the street and search around the house. I know this because of the dogs and motion lights. When I look out the window to see what's going on, I can see their flashlights looking around the back yard then going up the driveway and down the street. I am an elderly woman now living alone and I cannot take this stress. Is this legal?
In order for police to search your property for someone or something they must have either a search warrant, be given consent by you, or there must be exigent circumstances (an emergency of some type). Police can go up and down the street because that's public property. If you are actually witnessing police in your backyard, you can start with contacting internal affairs to file a complaint that police are entering your "gated" private property for what you are assuming to locate your daughter after you've already informed them that she no longer lives there. Good Luck!
The arrest warrant may have your address on it. That would be the police's basis for searching your property. You would ask for an order quashing or altering the warrant to no longer include your address. I do not know how someone would do that without an attorney.
Because it is an arrest warrant, they can search for the person at the address on the warrant. An arrest warrant will not quickly expire like a search warrant. No search warrant is needed (search warrants are not obtained to search for defendants). However, I would agree that your best course of action is to file a motion to quash the warrant or strike your address from it.
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