if police have a warrent that has the wrong name on it and they bust in a house with no one there
can they take anything they want and cease it?
2006-11-05 07:01:19 · 12 answers · asked by CASSIE S 1 in Politics & Government ➔ Law Enforcement & Police
Get a No Cost Background Check Scan at https://biturl.im/aUND9
Its a sensible way to start. The site allows you to do a no cost scan simply to find out if any sort of data is in existence. A smaller analysis is done without cost. To get a detailed report its a modest payment.
You may not realize how many good reasons there are to try and find out more about the people around you. After all, whether you're talking about new friends, employees, doctors, caretakers for elderly family members, or even significant others, you, as a citizen, have a right to know whether the people you surround yourself with are who they say they are. This goes double in any situation that involves your children, which not only includes teachers and babysitters, but also scout masters, little league coaches and others. Bottom line, if you want to find out more about someone, you should perform a background check.
2016-06-01 03:31:11 · answer #1 · answered by ? 3 · 0⤊ 0⤋
In Canada the warrant has to have the right address on it. If there is no one home they can go in anyway. They can seize what is listed on the warrant and anything else they have reasonable grounds to believe was obtained as a result of an criminal offence (ie. they find a television listed on file as stolen in the living room, or illicit drugs on the kitchen table) and is in plain sight or was discovered as a result of the search. They are limited in where they can look though. If they have a warrant to search for a stolen big screen t.v. then they shouldn't be looking in the dresser drawers however drugs searches let you look pretty much everywhere. Anything in plain site is fair game.
If there is no one home they will leave a copy of the warrant in a conspicuous place at the residence.
2006-11-05 10:17:22 · answer #2 · answered by joeanonymous 6 · 0⤊ 0⤋
If the address is correct, I believe that is what counts. It all depends on what the warrant was for. They can't just take what they want, but they can seize anything that is included on the warrant OR that ties into the case that is at hand. If it specifies "documents", that could include many things. If it says "clothing", they can take it all. If it says "red jacket", they can only take a red jacket! They can seize anything that will help them to prove that a crime has been committed. If the person is not there, then they can still search if they have reason to believe that the person has ever been on the property. Especially if they have an informant who has gone on record as to being a witness to the fact. You can always contest it & sue, but it's a slim chance you'll win.
2006-11-05 07:57:55 · answer #3 · answered by Anonymous · 2⤊ 0⤋
They are suppose to only look for what is stipulated on the warrant. If they do seize other things they supposedly cannot use it against the accused in court. BUT with the new Military Commissions Act, Wiretapping laws they may be able to apply those laws to the warrant.
Hey I didn't vote for him!!
2006-11-05 07:57:58 · answer #4 · answered by Gettin_by 3 · 0⤊ 1⤋
dude,
cease means to stop-- did you mean SEIZE.
warrent is warrant.
If you mean they go to serve a warrant and then enter the wrong house, and they find contraband at the house, can they take stuff from that house.....
Yes. they can.... but they need to go to the magistrate or judge and get another warrant and explain to them what they found. if that judge gives permission, they can then go back and get what the warrant states. they just cant take stuff.....
2006-11-05 10:00:57 · answer #5 · answered by Anonymous · 0⤊ 0⤋
No they can't because this was an invalid warrant due to the fact that it contained incorrect info.The owners of the house can sue for damages to their property and win in court.
2006-11-05 12:48:59 · answer #6 · answered by WC 7 · 0⤊ 1⤋
No, and anything they take cannot be used! That is theft! The police are not above the law!
2006-11-05 07:03:02 · answer #7 · answered by cantcu 7 · 0⤊ 1⤋
They could only bust the door if they have reason to belive that someone is there. and no they cant take anything
2006-11-05 07:14:59 · answer #8 · answered by Anonymous · 0⤊ 1⤋
They can't but they can. They will take it and that is a crime, but police are above the law unless they are caught on tape breaking the law. Even still, it is a 50/50 chance that they will even be punished, unless they are doing something really dumb.
2006-11-05 07:12:01 · answer #9 · answered by Anonymous · 0⤊ 3⤋
well if they think its the right name their going to do whatever they want but if they get caught by someone and someone finds out they didnt really have a valid warrint everything they take will be done illegally and wont hold as evidence
2006-11-05 07:04:57 · answer #10 · answered by jen 2 · 1⤊ 2⤋