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Are the items seized in a search warrant valid even if the suspect is not home?
Wiki User
∙ 14y ago
If the warrant is valid it is.
Wiki User
∙ 14y ago
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What requirements in a warrant are overriden by items in plain view?
Items in plain view can be seized without obtaining a search warrant.
Is a court order allowing police to search a suspect's home or business and take specific items as evidence?
search warrant
What can be seized in a seach warrant?
A search warrant must particularly describe the items to be seized. During the course of serving the warrant, while searching for the particular items to be seized, if the officer finds items that he has probable cause to believe are contraband or evidence of a crime, he can seize those items as well. The scope of the search is a relevant factor. If the search warrant is to locate stolen cars, and the officer finds drugs while looking inside a desk drawer (where you cannot reasonably expect to find a stolen car), that evidence would likely be excluded. However, if while looking for a stolen car, the officer enters a garage (which is covered by the warrant) and inside he finds a pile of stolen license plates on the floor of the garage, those would be seized and would not be excluded.
Do police have to fill out your copy of the search warrant?
You don't get a copy of the search warrant unless you are the owner or legal inhabitant of the premises on which the warrant was served. Then (according to the laws of your jurisdiction), at the conclusion of the search you may get a copy of the warrant along with the list of seized items.
If something found dureing search warrant?
Any objects found during the course of a search warrant are recorded, seized and taken as evidence. A receipt is issued and 'return of service' listing the items and facts is returned to the authorizing judge. An arrest may happen during the warrant service or at a later time.
What does one refer to when speaking about a search warrant?
A search warrant is a legal document issued by a court that authorizes law enforcement officers to conduct a search of a specific location, such as a person's home, vehicle, or office. It allows the officers to collect evidence related to a suspected crime. The warrant outlines the scope of the search, the items to be seized, and the authority for the search.
How long can police can hold seized computers or phones before returning it or bringing up charges?
In theory as long as they want if they were seized with a valid search warrant. However, you may request a hearing to have your items returned immediately by the courts.
What if you never received a receipt for property on the stuff that was taken on search warrant?
If you never received a receipt for the property taken during a search warrant, you should contact the law enforcement agency that executed the search warrant and inform them about the issue. Request a copy of the receipt to ensure proper documentation of the seized items. It is crucial to have a record of the property taken for legal purposes.
How can you see the Search Warrant?
The police must give a copy of the search warrant to the person in charge of the premises at the time the search is conducted. The police must also leave a "return" of the warrant, listing any items seized in the search.Additional: The above information may be a requirement in the contributors own jurisdiction. In others, it is NOT necessary to show or give a copy of the warrant to the individual in charge of the premises, (if any are even present). Mere knowledge of the existence of a valid warrant is sufficient enough to execute it.
Is it a violation of the fourth amendment If police said they have a search warrant and proceed to search the premise take items but do not show proof of the warrant when leaving?
no they do not have to show you all they need is the search warrant. But what you should have done is to see the warrant. Sorry
Even though there is a search warrant can police search a home in South Dakota if no one's been in the home to receive the warrant?
Yes. The police can search any items if they have a warrant. It does not matter that no one is there to receive the warrant. The police only have to leave a copy of the warrant at the residence.
If the police obtain a search warrant to seach a home and they do not find anything pertaining to the warrant when they search the home can they still seize items.?
Absolutely not. They can only confiscate the types of items outlined in the search warrant, as long as nothing else criminally possessed was found while searching the house.
