Criminal Law

If a police officer has a warrant, will they be able to

Customer Question
Hi, if a police...

Hi, if a police officer has a warrant, will they be able to search both a car and an apartment

Lawyer's Assistant: What was the basis for the warrant? Was there probable cause?

Yes, there was an emergency situation where someone was smoking and... Read full answer

Hi, if a police officer has a warrant, will they be able to search both a car and an apartment

Lawyer's Assistant: What was the basis for the warrant? Was there probable cause?

Yes, there was an emergency situation where someone was smoking and had a panic attack, at the time we thought was a seizure, which led us to call the ambulance

Lawyer's Assistant: Where are you located? Search and seizure laws can vary by state.

Alabama

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

This is anonymous correct?

Submitted: 4 months ago.Category: Criminal Law
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Answered in 8 minutes by:
1/31/2019
Criminal Lawyer: N Cal Attorney, Lawyer replied 4 months ago
N Cal Attorney
Category: Criminal Law
Satisfied Customers: 10,574
Experience: Since 1983
Verified

Thank you for your question.

The officer would either need 2 search warrants, one for the car and one for the apartment, or a warrant that commanded a search of both of those locations.

I hope this information is helpful.

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Customer reply replied 4 months ago
Based off of the situation, what would be the best course of action to take?The substance that he smoked wasn't actually ours, but it was at our apartment.
Criminal Lawyer: N Cal Attorney, Lawyer replied 4 months ago

The defendant can file a motion to suppress the evidence based on the presumptively illegal warrantless search.

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Customer reply replied 4 months ago
Due to the emergency situation and the scent of the illegal substance, would that not be probable cause for the search?The officer did detain some contraband, although not much at all, after asking us repeatedly where it was. Also, if the officer who was at the scene was affiliated with a different town different from where the search and seizure was committed, would that make the evidence dismissed?
Criminal Lawyer: N Cal Attorney, Lawyer replied 4 months ago

I don't know if such a minor emergency would justify a warrantless search of the apartment and vehicle, but it seems doubtful. A panic attack is not much of an emergency for anyone other than the person undergoing it.

An officer outside his or her jurisdiction can make only those arrests that a private citizen could make.

You can get a free consultation from some of the criminal defense attorneys listed by location here.

Please follow up on this with a local attorney.

I hope this information is helpful.

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