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Only with reasonable cause. Depending on the nature of the complaint, the complaint may or may not be.
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∙ 10y ago
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Does the day the judge signs the search warrant count?
Yes. In most places the search warrant is valid as soon as it is signed. Sometimes, law enforcement can be at your house, without a warrant, and they can enter and search your property based on a phone call, telling them the judge signed the warrant.
Can cops illegal search and seizure based on a complaint?
The fourth amendment prohibits unreasonable searches and seizures and sets out requirements for search warrants based on probable cause. (Wikipedia) The cops would need evidence for a search. Nothing can really be gathered from a complaint.
What must search and arrest warrants be based on?
Two totally different warrants. An arrest warrant can be based on a complainants statement re: He\She broke into my home, etc. A search warrant, depending on what you are searching for can be based on information received from an informant, a controlled buy etc.
Whats the name of a warrant that's based on probable cause to believe that evidence of a crime while not currently at the place of the described will likely be the there when the warrant is executed?
The name of the warrant you are referring to is a "search warrant." It is issued by a judge based on probable cause to believe that specific evidence or contraband related to a crime will be found at a particular location when the warrant is executed. Search warrants are commonly used by law enforcement agencies to legally search homes, businesses, or other premises.
Can a officer enter a residence by the smell of marijuana Can an officer detain a guess in a apartment without a search from the smell of marijuana?
* Police can obtain a search warrant based on the smell, and they can prevent people from coming and going until the warrant is brought to the scene. This is not done often. In most jurisdictions, the smell is enough for an investigative detention of a person. Some jurisdictions permit the entry to the next room (based on the smell) if the police were already in the house. * Yes. As far as I know, it is legal to execute a search of the property based on the plain "sight" clause. The smell of marijuana is probable cause to search the property. A search warrant is not needed, nor will any police officer attempt to procure a search warrant based on the smell of weed. It takes a lot more than the smell of weed to get a search warrant. The answer to your second question is: No. A police officer cannot detain anyone just for smelling like marijuana. Smelling like pot isn't illegal, only having it is.
Can police intervene in animal cruelty or hoarding cases?
Generally police can respond to a complaint and investigate its validity. If they find reasonable cause they may investigate further. But they may not enter a premises without the consent of the owner or without a search warrant. Having found reasonable cause they may request a search warrant. If they get it, then they may "intervene." But this scenario is based on the assumption that police follow every step of due process. That isn't always the case. And often suspects don't know their rights. So unwittingly suspects may give police more information than they need to.
Whats the Difference between search and arrest warrant?
A search warrant allows the officers to enter and search your home or office, whatever is specified in the warrant. An arrest warrant allows the officers to take the offender into custody AND search the area where the offender was located.
Which nursery rhyme is a complaint about taxes?
Baa, baa black sheep is based on wool taxes. You can search it on wikipedia.com.
Incorrect search warrants?
Incorrect search warrants are those that are issued without sufficient probable cause or that fail to conform to the legal requirements for issuing a warrant. This could include warrants that are based on false information or that do not specify the place to be searched or the items to be seized. If a search warrant is deemed to be incorrect, any evidence obtained through the search may be suppressed in court.
Is it true that The US Supreme Court has a long history of expressing a strong preference for the use of a search warrant?
Yes, it is true that the US Supreme Court has consistently expressed a strong preference for the use of search warrants. This preference is based on the Fourth Amendment to the US Constitution, which protects against unreasonable searches and seizures. The Court has held that a warrant is generally required for searches and seizures, except for certain exceptions recognized by the Court.
Evidence found by law enforcement that was not on a search warrant can?
The officer(s) can 'contain' and guard the newly discovered evidence in place while they return to court to amend their warrant or apply for a new warrant based on the newly discovered evidence.
What if the search warrant has a persons name on it who doesnt even live at residence the warrant was served?
A warrant to search a residence does not need to state the name, or names, of any resident. Although the warrant may state the name of an individual believed to be located upon that property. It only needs to be issued to the address or description of the property upon which it is to be served. However, incorrect information contained within a warrant is potential cause to exclude evidence obtained during the search based upon that warrant. The defense would have to show that the incorrect information was included by law enforcement in bad faith.
