search warrants?

Question

This is a project im doing for law academy about search warrants. Subject A lives in Town B and commits a crime in Town B by stealing some stuff from a local merchant. Subject A then moves 300 miles ( still in the same state) to Town C (for college or work) with the stolen stuff. However Subject A's family still lives in Town B in the same house. Amount of stolen goods = 1500 dollars. Can the State Police get a search warrant for Subject's A location in Town C. How hard would it be to get the search warrant? Do they need hardcore evidence? Lets say Subject A is already being charged with petite larceny is there more incentive to get the search warrant 300 miles away? Is it normal for state police to issue a warrant so far away even though in the same state? or is the time and resources needed not worth their time for such crime? How hard would it be for police to realize Subject A's new location if he was living on a campus for college?

Answer 1

First....the investigating agency handling the case would not necessarily be the "state police" although it could be. The case would be conducted by the agency where the offense occurred.

Because the suspect has a record or history of theft...this could be used as a part of the probable cause used to support the search warrant in what is referred to as an "Affidavit in Support of a Search Warrant."

If the authorities were to seek a search warrant 300 miles from their own jurisdiction...normally the investigating agency will submit the request for a warrant through the court having jurisdiction over the person or property 300 miles away. Most often there will be coordination between the two seperate police jurisdictions and district attorney offices to insure every investigative action is conducted appropriately.

When you mention "hard core evidence" you have to remember....a search warrant is based upon "probable cause" or in more simple terms "a reason to believe." The search warrant issued is to obtain "hard core evidence."

If this doesn't fully answer your question....feel free to email me directly for further information.

Answer 2

One point to remember is the fact that a Search Warrant is not automatic for a property crime suspects home. The affidavit must include facts pointing to the probability of the property being found at the home. So if the police knew he moved ot Town C with the property a warrant for the previous residence in Town B would be hard to get.

Answer 3

In CA...I could get a warrant for all three locations, and I'm a city police officer. If I can articulate to the judge that Subject A has the stuff in city C, then all 3 are fair game for searching.

The moving away has nothing to do with searching his property. We would just let the local PD in City C know we were coming and may need a little backup. Its a courtesy thing. They may do the warrant for us and we'll just send a list of the things we're looking for with one detective.

Easy as 123.

Answer 4

A lot of questions here...I'll do them in order:
1. YES, they can search the new location
2. No difficult at all
3. NO - probable cause
4. YES - he is now a repeat offender
5. YES - quite normal; happens all the time
6. Not difficult at all...police have many methods at their fingertips to find a suspect's location.