Does a home owner or renter on the lease have to be present when police come with a warrant to search the home?

1 Answer 1


Of course not. If the owner/tenant needed to be home I could rent a house in my name, and then never occupy it (my associates live there) the cops could never enter.

Wilson v. Arkansas, 514 U.S. 927 (1995) - Cops executing a warrant need to knock. If no one answers they must wait a reasonable time for an occupant to let them in. It's the knock and announce rule. By implication it might lend authority to what is an obvious answer.

  • ditto this. no question
    – dwoz
    Nov 21, 2015 at 1:44

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