ANSWERS: 8
  • This varies from state to state and applies to the U.S. Every search is different, but this should give you a general idea. What is a search warrant? A search warrant is a kind of permission slip, signed by a judge, that allows the police to enter private property to look for particular items. It is addressed to the owner of the property, and tells the owner that a judge has decided that it is reasonably likely that certain contraband, or evidence of criminal activities, will be found in specified locations on the property. As a general rule, the police are supposed to apply for a warrant before conducting a search of private property; any search that is conducted without a warrant is presumed to be unreasonable. This means that the police officers will later have to justify the search-and why a warrant wasn't obtained first-if the defendant challenges it in court. What are the police allowed to do after they obtain a search warrant? Once the police have a search warrant, they are entitled to enter the designated property to search for the items listed on the warrant. Legally, the search is supposed to be confined to the specific areas described in the warrant. For example, if the search warrant includes only the living room, the search should not extend into the kitchen, bathroom or bedroom. But there are exceptions to this limitation which are frequently used to justify broader searches. For example, the police may search beyond the terms of the warrant in order to: -ensure their safety and the safety of others -prevent the destruction of evidence -discover more about possible evidence or contraband that is in plain -view elsewhere on the property, or -hunt for evidence or contraband that, as a result of their initial search, they believe exists in another location on the property. For instance, although a warrant might be issued for the search of a house, the sound of a shotgun being loaded in the backyard would justify expanding the search to the yard in order to protect the officers; similarly, a search limited to the ground floor might legitimately expand to the upstairs if the police, searching for illegal drugs, hear toilets being flushed above. And the police can always seize evidence or illegal items if they are in plain view or are discovered while the officers are searching for the items listed in the warrant. Do the police always need a warrant to conduct a search? No. In many situations, police may legally conduct a search without first obtaining a warrant. -Consent searches. If the police ask your permission to search your home, purse, briefcase or other property, and you agree, the search is considered consensual, and they don't need a warrant. The police typically obtain a person's consent by threatening to detain her while they obtain the warrant. -Searches that accompany an arrest. When a person is placed under arrest, the police may search the person and the immediate surroundings for weapons that might be used to harm the officer. If the person is taken to jail, the police may search to make sure that weapons or contraband are not brought into the jail. (This is called an inventory search.) Inventory searches also frequently involve a search of the arrested person's car (if it is being held by the police) and personal effects on the theory that the police need a precise record of the person's property to avoid claims of theft. -Searches necessary to protect the safety of the public. The police don't need a warrant if they have a reasonable fear that their safety, or that of the public, is in imminent danger. For example, an officer who suspected a bomb-making operation while walking his beat might be justified in entering immediately and seizing the ingredients. And in the famous O.J. Simpson case, the police justified their entry onto O.J. Simpson's property on the grounds that they feared for the safety of other family members. -Searches necessary to prevent the imminent destruction of evidence. A police officer does not need to obtain a warrant if she has observed illegal items (such as weapons or contraband) and believes that the items will disappear unless the officer takes prompt action. This exception arises most frequently when the police spot contraband or weapons in a car. Because cars are moved so frequently, the officer is justified in searching the entire vehicle, including the trunk, without obtaining a warrant. On the other hand, if the police learn about a marijuana-growing operation from a neighbor, they usually would need a warrant, as it is unlikely that the growing plants and other evidence of the operation will disappear quickly enough to justify a warrantless search. -"Hot pursuit" searches. Police may enter private dwellings to search for criminals who are fleeing the scene of a crime.
  • In the affidavit of the search warrant, it specifically describes what the search warrant covers. if the affadavit states the search is contained to look for marijuana plants, then looking in a desk would be an illegal search and any contraband discovered. it could not be used against you in court. but, if the affadavit states the search is looking for stolen diamonds, then there are no limitaitons on the area that can be searched. meaning, diamonds are small and can be hidden anywhere. this search for diamonds, can also include your body, and your automobile, if its included in the affidavit. end
  • It depends entirely on what the police are searching for and what is contained in the affidavit of the search warrant. Example: if i am searching for a stolen vehicle, i would not be looking in a persons jewelry box. any illegal contraband located in the jewelry box, could not be used as evidence in court. if i am searching for illegal drugs, then the jewelry box search would definetely be within the scope of the intended purpose of the search warrant. all persons, on the premises at the time of the execution of the search warrant, can be searched. looking for car keys to the stolen vehicle or drug contraband hidden in pockets and elsewhere. Search warrants have to be pretty specific on what the officer is searching for. no witch hunts are allowed. Also, if you are not home at the time of the execution of a search warrant, or you do not answer the door, officers can force entry after announcing their identity and purpose for being there. (this is usually in drug searches, where drugs can easily be flushed down the commode). This generally covers the scope of search warrants. judges are very critical that search warrants are justified, before they sign. this is to cover the constitutional rights afforded each individual.
  • jus now my house has been searched..and me my mother and my sister all asked 2 see a search warrant and the cops jus quickly flashed it open & walked away.mind u that we should have the right to see it.why would they not let us read it? im 16 and im educated about the 4th amendment.and i think what they did was wrong.they came into my home all over the rooms ect..and with guns...i was so scared.. so my answer for this is that they should let everyone over a appropriate age read the warrant and then they should proceed with the search or decline the search.because there are alot of dirty cops out there & everyone knows its true.and if any body has a problem with what im say too bad..but comment if u want to. -angry victim
  • My Carpenter was pulled over by a deputy sheriff on my Private property . The Sheriff did not ask permission to be there. The Deputy did a complete search of my carpenters van without a search warrant on my property is this legal. also when asked why my carpenter was arrested the sheriff stated he could not tell me. this happen in pierce county washington. Thanks
  • Allowed: Search your home for whatever they're looking for. Not Allowed: Take a dump on your 9-year old.
  • In the affivadite of the search warrant, it specifically states what can and cannot be searched. Remember, if the police are searching for drugs, this opens up your whole house to be searched. drugs are small and can be hidden anywhere. If the police are searching for stolen automatic weapons, they would not be allowed to search a prescription bottle. too small. Its really just common sense. If contraband is discovered, outside the scope of the search warrant, another search warrant will have to be drawn to cover that search. its one on one.
  • Anything they want to do at the time. However, anything that they find outside of what is specifically outlined in the search warrant should be inadmissible if confiscated, at that time. Surely, if it is justifiable in their eyes, they will do the necessary paperwork to get the confiscated materials admissable in court. Bottom line, don;t keep anything in your personal property if you are worried about search warrants. Better yet, don't keep anything that anyone would want to create a search warrant to find.

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