Q: Can the police enter a home without hand delivered a search warrant ?
A: In Florida police cannot generally enter a home uninvited and without an exigent circumstance. First, the complaining person has to be living at the “home” to have standing to complain. Next, the police entries divide into those with search warrants and those without. Police with a warrant get to enter, forcibly if necessary, to search for the items specified. Without a search warrant police must point to an exigent circumstance like dead bodies, fire, ongoing serious crime, hot pursuit etc. Police can also enter without a search warrant to serve a felony arrest warrant . All this is exceedingly complex. State and federal procedures differ. Consult an experienced lawyer!
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.