Are the police allowed to use forced entry to serve a misdemeanor warrant?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Are the police allowed to use forced entry to serve a misdemeanor warrant?
Asked on April 25, 2011 under Criminal Law, Indiana
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
The law doesn't distinguish between felony or misdemeanor warrants in this regard. Forced entry is lawful when the police know (or have reasonable belief) that you are in the house but are hiding or refusing to come out. As a general rule, they are allowed to go in and get you. However, most states have specific procedures that police must follow for a forced entry into your home based on warrant. Since you gsve little by way of the facts, what you should do now is to speak with a criminal defense attorney in your area and go over all of the details. They can then best advise you of your rights in your specific case.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.