If they have a warrant, can they go to your basement?
The answers seems like it would be yes, but what if the house has two families? The people rent the basement out to other people because the basement is set up to be it's own home. Or vice versa? If they have a warrant for the basement family, can they go upstairs to the other family?
- Stacie SmithLv 41 year ago
Yes. They have a right to check the entire residence with a warrant.
- Anonymous1 year ago
Nope. Police are absolutely forbidden from ever setting foot in a basement. The US constitution gives us freedom from unreasonable searches and basement searches.
- STEVEN FLv 71 year ago
Unless the basement is legally a separate residence, or the warrant explicitly states which parts of the residence can be searched, the officers have EVERY REASON to consider the basement and the upstairs as a single residence.
Note: The warrant is for the RESIDENCE, not the OCCUPANTS.
- RICKLv 71 year ago
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- SallyLv 71 year ago
Each warrant specifically details what they can search for and where they can search.
- 1 year ago
Search warrant or arrest warrant? If it is a search warrant the police MIGHT need a second warrant to go into a rented space. That depends on things like whether it had a separate entrance and the about to lock people out. If there are shared bathrooms and kitchens then that would obviate the need for a second warrant.
- shroudLv 71 year ago
does the basement home have it's own address, like 14 oak st apartment B, or is it only 1 address
1 address 1 home
2 addresses 2 homes needs 2 warrants
- PLv 71 year ago
Yes they can definitely go into your basement. A judge is not going to toss the warrant on a technicality like a shared house. Regardless once the cops gain access to the building there's not much you can do to stop them looking in any particular area. If the building has different unit numbers in separately locked areas that would be different.
- davidmi711Lv 71 year ago
Generally a warrant covers areas of a home where a person has access. If the basement has a separate entry with different locks then a case could be made that the other residents do not have access.
- Godless GazooLv 71 year ago
Depends on what the warrant says. Generally if they are separate units they would only issue it for one.