English Deutsch Français Italiano Español Português 繁體中文 Bahasa Indonesia Tiếng Việt ภาษาไทย
All categories

7 answers

A search warrant only gives law enforcement the authority to search what is listed on the warrant. In order to search a house and the people residing within that house, the warrant would have to specify it. However during the process of serving the search warrant, if the police detain someone not listed on the warrant they can do a pat down. Or if that person is arrested for some reason than they would be able to search them incident to an arrest.

2007-08-06 08:31:05 · answer #1 · answered by Judge Dredd 5 · 0 0

A search warrant contains a specific list of places to be searched and items to be seized. However, there are exceptions that allow officers to seize items that are not listed in the warrant. So a basic answer to your question would be no, they must only search for places that are specified in the warrant which were authorized by probable cause (which permits a search because an officer believes there are items to be found based on intelligence and information).
However, there are exceptions as I mentioned. For example, an officer gets a warrant to search the bedroom of a house and on the way to the bedroom there is a bag of dope laying on the kitchen counter, that is fair game because the plain view doctrine allows an officer to seize illegally possessed items that are out in the open. Now if that officer opened a drawer in the kitchen and found that bag of weed on his way to the bedroom, that would not be admissable in court because it violated the terms of the warrant.
A warrant can contain multiple items and places to be searched but those places must be believed to contain illegal items or people.
If an officer finds something during the search that is not on the warrant without having to physically move something (say there is a firearm in the closet of the bedroom to be searched and the homeowner is a felon. The cop was searching the bedroom) that cop was working in good faith and that firearm can be seized based on the 5th amendment's good faith exception.
Basically, if there is something to be found, they will find a way to get in and find it.

2007-08-06 09:42:46 · answer #2 · answered by Anonymous · 0 0

it is all based on how the warrant is written. A warrant will stipulate what the police are searching for and, the place they are going to be searching for the products. If the warrant is for stolen grand pianos and not the rest then they does not be waiting to look in that secure except it ought to quite carry the piano. generally speaking a nicely written warrant will enable the police to seek the domicile, out homes (sheds garages customer properties etc) and any packing containers interior of those homes or on the valuables. The police would be allowed to break into locked packing containers in case you do not furnish get admission to. some warrants will stipulate that they might tear out partitions, flooring etc, to seek for hidden cubicles and or hid products. Any products stumbled on for the time of that seek might nicely be makes use of as info, despite if the products weren't indexed on the warrant. as an occasion the warrant replaced into searching for stolen jewelry and via the quest the police discover drugs. you will possibly nicely be charged with possession of narcotics.

2016-10-09 08:36:41 · answer #3 · answered by Anonymous · 0 0

Yes. The house, contents and people with in the residence. Additionally, police may search a person they are detaining with out a warrant.

2007-08-06 08:28:50 · answer #4 · answered by davidmi711 7 · 0 0

Most search warrants will be worded to include anything on the property listed, including any persons or vehicles contained within the curtilege.

2007-08-06 08:32:14 · answer #5 · answered by Brian C 4 · 0 0

i would have to say everything that is in the house can be searched as long as they have a warrant.

2007-08-06 08:28:52 · answer #6 · answered by Anonymous · 0 0

They have a right to search the whole house.

2007-08-06 08:28:51 · answer #7 · answered by Anonymous · 0 0

fedest.com, questions and answers