Q: Can police use a Child Support bench warrant to search an home without permission looking for someone not on warrant
No one was home. Officer was told by homeowner that person they were looking for was at another house with a person with multiple warrants, officer said that was who they were actually looking for, on video as is officer saying that he figured using her warrant was the best way to get in to look for the boyfriend. Six armed officers entered home with guns drawn. They searched the home for about an hour, home is under 2000 square feet. BWC shows them looking in drawers picking up phones attempting to unlock and looking through them. Homeowner asked for warrant or why they were there they said they had no warrant (there was no search warrant only a child support bench warrant) and would only tell why if we had the person come there. We were also told they couldn't legally show us or tell us what the bench warrant was for since our names were not on it. This happened 01/23/2024 we just received the FOIA, FOIA was applied 02/05/2024, they kept sending extension letters.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (916) 704-3009
- View Profile
- Answered
A:
Based on the situation described, it appears the officers may have overstepped their legal authority. A child support bench warrant typically allows police to arrest the named person, not search a home without consent or a proper search warrant. Using this type of warrant to gain entry into a home to search for someone else not named in the warrant can be a violation of your Fourth Amendment rights, which protect against unreasonable searches and seizures.
If the officers used the bench warrant as a pretext to search for someone else and did not have a proper search warrant or your permission to enter and search the home, their actions could be considered unlawful. The fact that the officers went through drawers and attempted to unlock phones without a search warrant suggests they conducted an unreasonable search. Additionally, denying you the information about the bench warrant and only providing it if a person arrived could indicate improper conduct.
You may want to consult with a legal professional to discuss this incident and determine if your rights were violated. With the body-worn camera footage and other evidence you've obtained, they can provide guidance on possible legal actions you can take, such as filing a complaint or pursuing a claim against the police department for illegal search and seizure.
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.
