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Can Police Search a Home with Bench Warrant

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  • 09-15-2009, 10:47 AM
    homeowner
    Can Police Search a Home with Bench Warrant
    My question involves an arrest warrant from the State of: Maryland

    Hi,

    My question is can the police enter my home and perform a search with only a bench warrant?

    Here's the situation: I am the home owner and I rented a room to this person. He changed his driver's license to my address while living here. He moved 10 months ago and has not updated his driver's licence.

    The cops (5 by my count, maybe more) showed up this morning with a bench warrant, claimed they had a search warrant and the right to enter the premises to look for him. They refused to show any warrant. Told me they could arrest me if I did not let them in.

    I told them he did not live here and was not related to me.

    They searched the house and did not find him since he does not live here and has not for 10 months.

    This is the second time the police have been here looking for him. The previous time they did not ask to search the house.

    I am not a criminal and do not have anything to hide. I simply do not want to have the police in my house. Do I have to let them in? Can they force their way in? Can they arrest me for saying no?

    I am a homeowner who had a bad tenant caught in the middle of this.

    Do you have any recommendations of what to do?

    The MVA says I need to provide them his current address to file anything with them. And even if I do, they said flat-out they don't have the manpower or authority to followup. My only hope is that he gets pulled over and they will issue him a ticket for failure to update his license.

    Since this seems like it is not going to end here I'd like to know my rights for the next time the police show up. Any help or feedback would be welcomed.
  • 09-17-2009, 08:34 AM
    BOR
    Re: Can Police Search a Home with Bench Warrant
    Quote:

    Quoting homeowner
    View Post
    My question involves an arrest warrant from the State of: Maryland

    Hi,

    My question is can the police enter my home and perform a search with only a bench warrant?

    The cops (5 by my count, maybe more) showed up this morning with a bench warrant, claimed they had a search warrant and the right to enter the premises to look for him. They refused to show any warrant. Told me they could arrest me if I did not let them in.

    The bench warrant appears to be an arrest warrant, so that in itself is permission to enter as long as they believe he is there at that time. The search warrant was either seperate in nature, OR if they believe a person is in a home they do not live in, a SW is also required to enter.
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