What are rules for search/warrant?

Question

IF for any reason I was searched and then they noticed a safe I had, can they search that?

Answer 1

...the 4th amendment clearly protects your right to privacy. If it is breached, it must be done with a warrant issued by a Judge who has examined and authorized the search based upon what is called "probable cause" to believe that the person or things to be searched will contain the items that have violated the law... If you give "consent", then no warrant is needed... If a police officer can "observe" in plain sight, an items or person that is in violation of the law, "they" can arrest or seize it... If you have a "safe" in your house and "they" have a warrant to look for a "document" (which could fit in the safe)..."they" can seize the safe... if "they" are looking for a stolen "TV" etc. and the item could not fit in the safe, then "they" can't seize it or open it... If "they" have a warrant to search for a "TV" and "see" in plain sight "other" things that might be classified as illegal, drugs, guns, etc..."they" can seize them as they were in plain sight...

Answer 2

1

Answer 3

Yes. A search warrant never is so limited as to say " a laptop". I gives permission to search a person or a LOCATION.Period. " A search warrant is a court order issued by a judge or magistrate that authorizes law enforcement to conduct a search of a person or location for evidence of a criminal offense and seize such items or information. All jurisdictions with a rule of law and a right to privacy put constraints on the powers of police investigators, and typically require search warrants, or an equivalent procedure, for searches within a criminal enquiry. There typically also exist exemptions for "hot pursuit": if a criminal flees the scene of a crime and the police officer follows him, the officer has the right to enter an edifice in which the criminal has sought shelter." quote In recent years, the Supreme Court has narrowed the scope of the rule, in many circumstances permitting the introduction of any evidence gathered in "good faith." Courts have ruled that a wiretap and the use of a thermal-imaging device to examine a private home from a public street constitutes a search that requires a warrant. Warrants are not required for the gathering of evidence in some circumstances. These exceptions include evidence gathered after a lawful arrest, inspections by customs or border officials, searches made with the suspect's consent, searches of items in plain view, and searches of the belongings of secondary students on school property.

Answer 4

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.

Answer 5

Only if it is within the realm of the warrant or if they have probable cause that whatever they are looking for could possibly be in there, you may be able to refuse to open it but then they could just get a different warrant and do it anyways so unless you have the head of someone or 1 million cold hard drug money or drugs then go ahead and let them see.

Answer 6

If the warrant for the location says they may look in any place that may contain dope, for example, since a safe would be able to hold same they can search the safe. If the warrant says they can search your computer, then the issue of the safe becomes a little tougher. A computer could fit in the safe, so they might be able to compel you open the safe. Then when they open the safe they see drugs, then it is in plain sight so they can seize it.

Answer 7

i think it depends on the warrant!

as far as i know if they have a warrant to search the house, then they cant search anything on you, in your pockets or in a bag you are holding!

but they could get a warrant to search your house and your person!

Answer 8

With a search warrant they can seach and take any items for further investigation. They have to give you a receipt for anything they take off site.

Answer 9

Over and beyond is the little trick they use: "Can we come in?" "Can you open your trunk?"... etc., takes over any warrants because you were placed in the position where you fear saying "no" to a cop.

So, just say "NO" unless they show a written authorization, with specific details. And they have to hand you a copy...

Answer 10

I'm giving you the same answer as I did last time you ask this question.