How to Stop a Search Warrant
- 1). Respectfully request to see a search warrant if one has not been presented by the visiting officer. Make sure the following information appears and is correct: the granting judge's name, your name or physical description, your address or description of the place to be searched, a description of items being searched for and the name of the agency conducting the search. You have the right to remain silent as the search is conducted, and according to the ACLU, you have the right to refuse entry if a warrant is not produced, or if the warrant's information, such as your address, is incorrect.
- 2). Record everything that happened in the course of the search as soon as you are able to, making sure to include names, badge numbers, what agency the officers are from and what was searched and seized.
- 3). Do not consent to the search or even allow entry to the police if a warrant cannot be produced. An officer cannot arrest you or take any punitive action if you do this. The ACLU's "Know Your Rights: When Encountering Law Enforcement" handbook has a section on searches and warrants that tells you how to civilly challenge law enforcement officials (see Resources).
- 4). Contact the police department's internal affairs office or civilian complaint board to file a formal complaint using the appropriate officer-complaint form.
- 5). Consult an attorney to pursue legal remedies or to obtain legal advice if you are dissatisfied with the results of the complaint process.
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