Related (but not the same): Does the renter/owner of the home have to be present for a search warrant?

Also per a comment on accepted answer on this question: Can I tell police to wait and call a lawyer when served with a search warrant?

From my personal experience previously working with police in England, when a premises search warrant is executed (house/flat/garden/etc), the legal owner and/or occupier do not need to be present. If nobody is present, police would force entry, execute the warrant, leave relevant paperwork inside the premises for the owner/occupier to easily find, make premises safe (e.g. board it up or install new locks/etc.) and leave.

Probably many/most jurisdictions have similar rules.

My question is whether there are any jurisdictions where search warrant cannot be legally executed if the owner/occupier is not present.

  • 1
    I hesitate to give this as an answer, but it's not unheard of for criminals to flee or be incarcerated prior to granting of a warrant to search property for evidence of a crime, so I would expect this to be a no.
    – hszmv
    Mar 16, 2023 at 14:34
  • This would seem like a big loophole: just never go home, and the police will never be able to get the evidence that's there. Mar 18, 2023 at 0:13


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