We have a safe with carrying handle. If for any reason we were issued a warrant for our home or if the safe was in the car, are the cops allowed to search it? Even if I don't have the key with me?
2007-10-20 19:40:37 · 8 answers · asked by Anonymous in Politics & Government ➔ Law Enforcement & Police
The basic rule for a search whether based on a warrant (for items inside a house) or merely probable cause (for items inside a vehicle) is whether the items being searched for could be inside a particular location. Thus, if the police were searching for a stolen tv, a search of a safe would probably be invalid. If they were searching for narcotics or cash, a search of the safe would probably be valid. If you don't have the key with you, they may accompany you to where the key is located or they may decide to open the safe by other means.
2007-10-20 20:47:19 · answer #1 · answered by Tmess2 7 · 0⤊ 0⤋
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2016-06-10 17:46:37 · answer #2 · answered by ? 3 · 0⤊ 0⤋
A search warrant must have a description of what they are looking for in particular. Search warrants aren't open documents, there is a list of what is expected to be found in the location that was part of the commission of a crime. For example, if they are looking for stolen tv's it is reasonable that tv won't be in a desk drawer. But in the same token they can say drugs and paraphanalia, which can be hidden in most any location. The warrant would cover your safe and you would have to open the safe for inspection. The search warrant would cover any area's that can be expected to be used as a hidding place for the item(s) that are covered by the search warrant.
2016-05-23 23:34:46 · answer #3 · answered by ? 3 · 0⤊ 0⤋
it all depends on what the warrant says. the warrant has to list specific items that the police are searching for and if the police feel the need to look into something further then they can confiscate certain items that have to deal with the warrant. if the car is parked in a garage then they can search it, because then it is considered as being INSIDE the house. and if you do not have the key to the safe, then the officers can confiscate the safe if they feel that whatever they are searching for may be inside.
hope i helped
2007-10-20 19:48:33 · answer #4 · answered by Anonymous · 1⤊ 0⤋
Following is a quote directly from the Fourth Amendment on warrants:
"particularly describing the place to be searched, and the persons or things to be seized"
Therefore, the safe could very well be included if described on the warrant. If the safe is listed, it wouldn't matter if you had a key. They could open it by force.
2007-10-20 20:45:41 · answer #5 · answered by trooper3316 7 · 0⤊ 0⤋
Since Habeas Corpus is no longer around... there is no such thing as "warrant". If a cop sees it, they can search it now under the new federal terrorism laws.
and people said these laws wouldn't affect the normal guy...(sigh) maybe now they will start to see.
2007-10-20 19:44:49 · answer #6 · answered by Anonymous · 3⤊ 1⤋
if it is containing only legal stuff you dont have to worry. they will search anything they like you wont be able to stop them if it catches their attention
2007-10-20 19:57:41 · answer #7 · answered by timo 3 · 1⤊ 0⤋
They want to see whats in it. they'll get in it.
2007-10-20 21:40:02 · answer #8 · answered by Macisbac 2 · 0⤊ 0⤋