Fairburn, GA asked in Criminal Law and Constitutional Law for Georgia

Q: Can law enforcement search my home before a search warrant is signed, or enter it uninvited? GA

I happened to walk outside at around 1:15 p.m. and was met by law enforcement who detained me, and I had closed my door behind me. They had a warrant for my arrest. And arrested me, directly after they entered my home uninvited, and searched it. The search warrant was signed off on at approximately 3:17 p.m., after they searched it.

1 Lawyer Answer
Glenn T. Stern
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  • Criminal Law Lawyer
  • Atlanta, GA
  • Licensed in Georgia

A: It would be irresponsible for any attorney to give an opinion on the legality of a particular entry and/or search without first having the opportunity to examine the evidence and the relevant law. That being said, there do exist certain legal justifications that would allow police to enter a home without a search warrant, and an attorney would have to carefully evaluate all of the facts and circumstances before coming to any conclusions.

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