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Is it legal for authorities to search a home if the owner never saw the warrant and that the owners are not at the house?

2006-11-09 10:21:01 · 6 answers · asked by Anonymous in Politics & Government Law & Ethics

6 answers

If the search warrant is a reality, meaning if it exists, yes. You (the owner) can ask to see a copy of it and they must produce one or every thing they found is inadmissible in court. But you don't have to see it before they enter your home.

2006-11-09 10:24:24 · answer #1 · answered by Sara 5 · 0 0

In almost all situations, yes.

According to the Supreme Court in U.S. v. Grubbs, 126 S.Ct. 1494, 1501 (2006), quoting United States v. Stefonek, 179 F.3d 1030, 1034 (C.A.7 1999)....

There is no constitutional requirement that the warrant be exhibited at the outset of the search, or indeed until the search has ended. Neither the Fourth Amendment nor Rule 41 of the Federal Rules of Criminal Procedure imposes such a requirement. (internal quotes and cites omitted)

Some states require presenting a warrant if the person is home, or on demand, but not if the home-owner is absent.

2006-11-09 10:23:41 · answer #2 · answered by coragryph 7 · 0 1

Absolutely. A copy of the warrant may have been left at the residence. If not, the owner can request a copy and they will give you or your attorney one.

2006-11-09 10:40:30 · answer #3 · answered by Ranger473 4 · 0 0

No, Ignorance of a warrant issue doesn't mean they can't enforce it. No one has to be home, they can leave a copy at the house during the search. Gat a laywer!!

2006-11-09 10:24:08 · answer #4 · answered by Icefire 3 · 1 0

some municipalities and states have guidelines adverse to speaking on cell telephones and driving or texting and driving. particular motive force habit and visually seeing someone with a telephone in hand even as driving is likely reason. The gadget can instruct cellular telephone utilization cases.

2016-11-28 23:35:09 · answer #5 · answered by ? 4 · 0 0

Yes

2006-11-09 10:23:37 · answer #6 · answered by thealternativemind 3 · 0 1

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