what are the legal steps in presenting a search warrant if noone is home?

2 Answers

  • qb
    Lv 4
    1 decade ago
    Favorite Answer

    Under 18 U.S.C. section 3109, an officer is permitted to "break open any outer or inner door of a house . . . to execute a search warrant," but only if "after notice of his authority and purpose," he is refused admittance.

    There are three interests that the "knock and announce" requirement of section 3109 is intended to serve. This requirement (1) reduces the potential for violence to both police officers and the occupants of the house into which entry is sought (safety interest); (2) guards against the needless destruction of private property (property interest); and (3) symbolizes respect for individual privacy (privacy interest). Id. at 588.


    However, the constitution does not require that the occupant be present before his home can be searched under a valid search warrant. United States v. Gervato, 474 F.2d 40, 43 (3rd Cir.), cert. denied, 414 U.S. 864, 94 S.Ct. 39, 38 L.Ed.2d 84 (1973); Payne v. United States, 508 F.2d 1391 (5th Cir.), cert. denied, 423 U.S. 933, 96 S.Ct. 287, 46 L.Ed.2d 263 (1975).

  • 1 decade ago

    slide it under the door.

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