Police want to enter my home or business. What are my rights?
Question & AnswerPolice want to enter my home or business. What are my rights?
2. Ask if the police have a warrant
There are different kinds of warrants.
An gives police the power to the person named in the . A is a type of arrest warrant that gives police the power to come onto your property and into your home or business to arrest the person named in the warrant.
A gives police the power to search a specific place for specific items. The search warrant will have:
- the address of the place the police are allowed to search
- the dates and times when the police are allowed to search
- the items the police are looking for
The warrant will also list:
- the offences related to the items they're looking for
- the signature or name of the judge or justice of the peace who ordered the warrant
- the date, time, and place the warrant was signed
Most warrants are for searches to be done during the day. Judges only give warrants for searches to be done at night if they have to believe a night search is necessary.
Check that the search warrant has:
- your correct address
- the current date and the correct time
- the name or signature of the person who authorized it
If you notice mistakes on the search warrant, tell the police. You have the right to ask the police to leave if the warrant contains errors. But you should never try to make the police leave or stop them from entering. Usually, a warrant is still valid even if it has a small mistake such as a spelling error.