Winder, GA asked in Constitutional Law for Georgia

Q: can police search my house for someone who has lived at my house in the past if they show up w an arrest warrant for him

i told police that person hasnt lived at my house in more than 5 years and i have my 4th amendment intact as the owner of house. i told police they could NOT come in but they did anyway. police also did not even allow me to read the arrest warrant closely. i think my 4th amendment rights were violated. i am in georgia

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James L. Arrasmith
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Answered
  • Consumer Law Lawyer
  • Sacramento, CA

A: In Georgia, if the police have a valid arrest warrant for someone who used to live at your house but no longer does, they generally cannot search your home without your consent. Your Fourth Amendment rights protect you from unreasonable searches and seizures, including unauthorized entry into your home. Even if they have an arrest warrant for the individual, it doesn't automatically grant them the right to search your residence unless there's reason to believe the person is inside.

It seems like your Fourth Amendment rights may have been violated if the police entered your home without your consent and without a valid search warrant. It's important to document the details of the incident and any interactions with law enforcement, including whether they allowed you to read the arrest warrant. You may want to consult with a legal advisor or attorney who can assess your situation and advise you on the best course of action to address the potential violation of your rights and any further steps you can take. Remember to preserve any evidence or documentation related to the incident to support your case.

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