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22 answers

as long as its attached, they can search it.. If its not attached, but unlocked and on the property, they can search it... but, if its locked, and a seperate structure, they have to specify it on the warrant to forcibly enter.

2007-04-06 16:38:34 · answer #1 · answered by The Big Lebowski 3 · 0 0

Yes, When a warrant lists a house it includes the curtlage, which is the immediate surrounding area of the house or buildings attached to a house. This would include garages, guest houses, sheds, vehicles.

2007-04-07 08:58:22 · answer #2 · answered by txpolice_85 2 · 0 0

Police might try to search it. A Smart cop would get a warrant. A good search warrent would have metioned the garage. Get a lawyer and get any evidence found in garage thrown out!!!

2007-04-07 01:59:45 · answer #3 · answered by Mike M 1 · 0 0

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2016-05-20 01:21:27 · answer #4 · answered by Anonymous · 0 0

They are entitled to search the house and its curtilage. United States v. Dunn, 480 U.S. 294 (1987). Curtilage is defined as "the area immediately surrounding a residence that
``harbors the `intimate activity associated with the sanctity of
a man's home and the privacies of life.''

Under Dunn four (4) factors are considered:

1) The distance from the home to the place claimed to be
curtilage (the nearer the area to the home, the more likely that
it will be found to lie within the curtilage);

2) Whether the area claimed to be curtilage is included
within an enclosure surrounding the home (inclusion within a
common enclosure will make it more likely that a particular area is part of the curtilage);

3) The nature of use to which the area is put (if it is the
site of domestic activities, it is more likely to be a part of
the curtilage); and

4) The steps taken by the resident to protect the area from
observation by people passing by (areas screened from the view are more likely a portion of the curtilage).

Dunn urged the use of these four factors as a guide in
assessing whether the ``area in question is so intimately tied to the home itself that it should be placed under the home's
`umbrella' of Fourth Amendment protection.''

However, pursuant to United States v. Griffin, 827 F.2d 1108 (7th Cir. 1987), the 7th Circuit Court of Appeal broadened curtilage to include a care a shed and soil in the back yard.

Point to consider: THE COPS WILL SEARCH, SEIZE, ARREST, and then you get to move to suppress. Under Griffen, you lose.

2007-04-06 17:28:10 · answer #5 · answered by krollohare2 7 · 2 0

i could really search for its go back, yet no longer because it replaced into no on the warrant, yet because possession of the game isn't unlawful. If I enter your position with a glance for warrant for a handgun, and be conscious a scale, a bag of white powder on the espresso table and a sawed-off shotgun on the settee, i can grab those less than the glaring view proviso. something i detect throughout the time of a criminal search for that's unlawful is truthful sport for seizure, a toddler's toy isn't. BTW, that's the second one positioned up in this remember. Please do no longer junk mail the dialogue board.

2016-11-27 00:18:22 · answer #6 · answered by ? 4 · 0 0

Garage is part of a house, attached or detached....no ifs' ands', or buts...they'll search anything on the property because an address is listed on the warrant, not house or garage only -- anything on the property will be searched.

2007-04-06 16:36:17 · answer #7 · answered by Rmprrmbouncer 5 · 0 1

"IF" the garage is "attached" to the residence to be searched then yes, they may search it But, If the garage is seperate from the home and has no connecting awnings or overhangs, and/or is rented to someone then a warrant must be issued for the garage. Hope this Helps.

GOD BLESS/GOOD LUCK!!

2007-04-06 16:43:42 · answer #8 · answered by Chuck-the-Duck 3 · 0 1

The warrant must list specifically What is to be searched and specifically what they are searching for! If they are searching for a stolen elephant, they cannot look in cupboards or drawers (no elephant could be hidden there). You need a good lawyer!

2007-04-06 16:39:07 · answer #9 · answered by Doctor J 7 · 0 0

i know they cant search cars im actually eager to find this out my self but i would assume no because it is not a living area in the home -whether or not the garage is attached or not could be the difference -

2007-04-06 16:34:31 · answer #10 · answered by Anonymous · 0 0

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