If the police show up without a warrant, NO, you don't have to allow the police, the sheriff, the FBI, or even the President into your home.
However, if the police have a search warrant, YES, you must allow the police to do what the warrant says they can do.
If the police have a warrant, you'll be given a copy for your records.
In PA all search warrants must be executed between 6AM and 10PM at night.
The warrants executed during the above time are considered "day time searches".
If police want to search a property outside of this time frame they must provide the judge issuing the warrant with additional justifications for a "night time search".
In certain situations police must show not only probable cause for the warrant but also a "reasonable justification" for a nighttime search.
You can forget about a night time search for children.
If your property has been seized pursuant to a search warrant in Pennsylvania, you can demand an inventory of the articles seized.
Always Remain Calm & Be Polite:
Evidence may be seized pursuant to a search warrant, but arrests are not always made at that time. Law enforcement is usually required to knock on the door and announce their presence before entering your home to execute a search warrant. As difficult as it may be, it is vital that you are polite to the officers to avoid provoking an arrest and contact a lawyer immediately for advice about what to do if your house or property in Pennsylvania has been searched by police.
Call a lawyer:
If police are at your door with a valid warrant to search your home, you must let them in. The law enforcement officers will give you a copy of the warrant and the supporting affidavit. If the police are searching your home pursuant to a valid warrant or have recently searched your home, call a lawyer immediately and ask for a free consultation.
A search warrant in PA must contain the following items:
Rule 205. Contents of Search Warrant.
(A) Each search warrant shall be signed by the issuing authority and shall:
(1) specify the date and time of issuance;
(2) identify specifically the property to be seized;
(3) name or describe with particularity the person or place to be searched;
(4) direct that the search be executed either;
(a) within a specified period of time, not to exceed 2 days from the time of issuance, or;
(b) when the warrant is issued for a prospective event, only after the specified event has occurred;
(5) direct that the warrant be served in the daytime unless otherwise authorized on the warrant, provided that, for purposes of the rules of Chapter 200, Part A, the term ''daytime'' shall be used to mean the hours of 6 a.m. to 10 p.m.;
(6) designate by title the judicial officer to whom the warrant shall be returned;
(7) certify that the issuing authority has found probable cause based upon the facts sworn to or affirmed before the issuing authority by written affidavit(s) attached to the warrant; and
(8) when applicable, certify on the face of the warrant that for good cause shown the affidavit(s) is sealed pursuant to Rule 211 and state the length of time the affidavit(s) will be sealed.
(B) A warrant under paragraph (A) may authorize the seizure of electronic storage media or of electronically stored information. Unless otherwise specified, the warrant authorizes a later review of the media or information consistent with the warrant. The time for executing the warrant in (A)(4)(a) refers to the seizure of the media or information, and not to any later off-site copying or review.
234 Pa. Code Rule 205. Contents of Search Warrant.
