so if the police are going to search someone's home, but it belongs to that person girlfriend, does the search warrant need to state that its the home of the girlfriend, if they happen to ask for the search warrant at the given address and say thats its the suspects home...would it still be considered vaild?
2007-10-15 11:09:10 · 8 answers · asked by Lovely Lover 1 in Politics & Government ➔ Law Enforcement & Police
this isnt by any means a real life experience...im a CJ student and i was just wondering.......
2007-10-15 11:40:54 · update #1
No -- the warrant needs to describe the place to be searched -- though the statement of probable cause and affidavit filed in support of the warrant request probably should specify that -- since ownership of the property is relevant to determining whether the police really do have probable cause to get the warrant.
If the suspect is a resident there -- then the statement that it is the suspect's home is not inaccurate -- even if the property is owned by someone else. If the suspect doesn't live there -- then the application contains false information, which is grounds to challenge the warrant and the search.
2007-10-15 11:33:28 · answer #1 · answered by coragryph 7 · 0⤊ 1⤋
Does not need to state that its the home of the girlfreind. Does not even need a name... Only the address as IT is being searched. A judge oks the warrant based upon evidence and or probable cause provided.
Who so ever the house belongs too... They should be worried.
2007-10-15 18:27:32 · answer #2 · answered by Robert S 6 · 0⤊ 0⤋
Lets say its you they are after. If you are living with someone that is considered your home and therefore the warrant is valid. They can get a warrant for whatever house they wont though.
2007-10-15 18:13:22 · answer #3 · answered by SunShyne 2 · 0⤊ 0⤋
If the guy lives there then it is his property too. If not then the warrant has to be in her name but for his property or whatever they are looking for.
2007-10-15 18:12:52 · answer #4 · answered by Kookie M 5 · 0⤊ 0⤋
you have to have an address on a search warrant
it doesnt matter what name is listed there. the address is valid
2007-10-15 18:12:55 · answer #5 · answered by Russian CBR 4 · 0⤊ 0⤋
The police can specifie it to the adress, and not the owner!
2007-10-15 18:11:50 · answer #6 · answered by hugh c 2 · 1⤊ 0⤋
NO!! Easy Answer LOL
2007-10-15 18:13:13 · answer #7 · answered by Andrew D 1 · 0⤊ 0⤋
being that there are cops and dont care ya
2007-10-15 18:11:55 · answer #8 · answered by a_l_a_n_6_6_5_0 2 · 0⤊ 2⤋