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Search Warrant Questions

Search warrants are judicial documents that authorize police to search a person or place in an attempt to find evidence of a crime. The evidence found is used in criminal prosecution. In order to obtain a search warrant, police officers must submit an affidavit showing probable cause that evidence of a crime will be found during a search. If the judge is satisfied that the officers have enough reason for a search, the judge will sign a search warrant. Once the warrant has been signed, the police may execute the search at any time they wish. To learn more about search warrants, take a look at the questions below that have been answered by Experts.

When a search warrant in Washington state is issued for two different locations and it is for a specific vehicle only, can they(police) take down every VIN (on other vehicles) at the location and check it for stolen? Can the search continue after the specific vehicle is located?

Usually, if the vehicle in question is found, any further search should be stopped. This means the search in both locations should end. The search in the location where the vehicle wasn't at would be allowed to continue for a short time, until the report is radioed in that the vehicle has been located. At that time, the search should end. In the event that evidence against the person in question was found after the search had ended, the person could challenge that evidence in court. The judge will determine if the time spend searching after the vehicle was found was unreasonable or not. Anything found before the vehicle on the search warrant was located or shortly after could be used in court. Any evidence found after the police had been notified of the find would have to be challenged by the suspect's attorney.

My parents house was searched two days ago and the warrant said "Sworn statement saying there are drugs and drug paraphernalia inside the home." Doesn't it have to be written on the search warrant EXACTLY what they were looking for and where they would find it?

Generally, the law only required that the address of the property in question is listed, along with the items that are to be searched for. As long as the address is listed, the officers can search the premises. There has to be probable cause to acquire a search warrant. Without probable cause, a judge will not allow a search to be performed. A police officer must sign a sworn affidavit stating why they believe they will find an item(s) in a home.

A search warrant was issued 08/4/11 for my property for probable cause to suspect drug trafficking. Things are missing from my home. I would like to know who is responsible for the theft and damages. And why can't I get a copy of the signed search warrant?

When executing a search warrant, the police may make a mess upon entry or during a search. This is allowed by law and there is little a person can do about it. You will need to show that you own the items that were removed. This generally happens when a search warrant is executed regarding felony drug charges. As far as responsibility, that would generally fall on the person who is under investigation. The detectives or officers who conducted the search are required to give you a copy of the search warrant.

If a federal search warrant is served, and the warrant doesn't have a judges actual signature on it, is the warrant still valid?

Generally, a search warrant would be considered invalid without a judge's signature. However, it is possible that the search warrant was obtained via phone call. In that case, a copy of the search warrant would have to be signed by the judge within a reasonable timeframe. There are situations where evidence can still be used in court even if it was obtained by an invalid warrant. There is usually probable cause or an exception to the search warrant requirements.

Can a search warrant be performed at any time of the day and any day of the week?

There are no restrictions on when a search warrant can be executed. If an officer has probable cause and can get a judge to sign off on a search warrant, they can execute the search at any time of day or any day of the week. However, there are times when a judge cannot be reached and the police must wait to execute a search until the judge has signed. Usually, this is to avoid any unforeseen issues about the validity of the search warrant during a trial or hearing.

Search warrants are use by police to search property in an attempt to find evidence of a crime. Generally, when a search warrant has been executed, the person in question will be possibly facing some form of charges. If you find yourself in a situation regarding a search warrant, you should seek the legal insight of a Legal Expert.
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Recent Search Warrant Questions

  • I own some commercial buildings that are being leased out and

    I own some commercial buildings that are being leased out and in one leased building they were two business .I rented part of the building to a tattoo shop and with a business license in 1235. My wife had another business with some skill master machines and license at 1239. Later she moved into 1235 and was getting a new business license in her company name at 1235. The sheriff dept showes up at 1235 with a warrant in the tattoo shops name with the address of 1239. They go into 1235 made her and others leave. They would not let her stay while they searched her building which violates her 4th ammendment rights. They called her in later to unlock a door.She did not have a key so she took a screw driver pryed the lock back told him it was unlocked and asked him to push. He physically pushed her out of the way and kicked in the door resulting in lots of damage to the door and wall. Refer to section code 17-5-27. The warrant had the wrong name, wrong address, wrong building the warrant said a metal building. 1235 is wooden and not metal. Wrong charges were filed.She had all paperwork to legally operate the skill master machines and had been checked by ATF with no problems.This is not considered comercial gambling according to code 16-12-21 and code16-12-22 which is what she was being charged with on the search warrant. The addresses are clearly marked on both buildings. They claimed to have video of cash payouts but arrested no one and took the machines. Per another law agency they violated her 4th admendant rights and if they had video evidence they would have arrested someone plus they put the wrong name and address in the paper. They caused the Tattoo shop ,Which I just bought 3 weeks ago lots of damage paper, tv, face book etc. Is the search Legal and can I sue them?
  • My employer says they were served with a subpoena from fbi

    My employer says they were served with a subpoena from fbi but I can't see a copy is this true?
  • HI..i live in Nv..my case is this..i was at my apartment and

    HI..i live in Nv..my case is this..i was at my apartment and a homeless man was trespassing and started to threaten me by saying he had a gun and was going to shot me.I own a gun and pulled mine out and stopped him and called 911. He was arrested and taken to jail..a month later i was walking to the store and he followed me.I he said remember me you MFer.? I have my gun now and i am going to kill you.He said it was in his pocket and started to reach for his pocket as if he had one. I do security for a living and i carried my baton that day and hit him a few time ..I have diabetes and had back surgery so i can't run or fight.I put the man down and hit him and another man drove up and said whats going on.? i did not know this person and got scared and ran. I was thinking he was with the other man i hit. 14 days later the police came to my apt and forgot the search warrant and did search my apt and taken a weapon i did not use. Also my registered gun and then arrested. as i was in jail they went to the police station to get the search warrant and returned to leave on my tablet and put all this information in the report. The judge did O.R me and said this case look's like it can be dismissed. I have a attorney but he wont go to per-limanary until i pay him in full.! What can i do and what do u this is going to be the out come of this case.? thank you for your time..
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