Only with reasonable cause. Depending on the nature of the complaint, the complaint may or may not be.
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.
In some countries, police do not require a search warrant under certain circumstances. For example, in the United States, exigent circumstances or consent can allow officers to search without a warrant. In countries like Russia, police can conduct searches without a warrant for specific crimes or during investigations. However, the specifics can vary widely based on local laws and regulations.
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.
A person must have a valid search warrant issued by a judge to legally search your home. This warrant must be based on probable cause and specify the areas to be searched and the items sought. Without this legal document, you are not compelled to allow them to enter or search your property.
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.
A court order allowing an individual or their property to be searched or seized is called a search warrant. Search warrants are issued by a judge or magistrate based on probable cause, which is a reasonable belief that a crime has been committed or that evidence of a crime can be found in the location to be searched. Search warrants outline the specific areas to be searched and the items to be seized, ensuring that law enforcement officers conduct the search within the boundaries set by the court.
A Florida warrant is a legal document issued by a judge that authorizes law enforcement to arrest an individual or search a specific location. Warrants are typically based on probable cause and must detail the reasons for the arrest or search. Once issued, the warrant remains valid until executed or revoked. Individuals subject to a warrant may be arrested at any time, even without prior notice.
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.
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.
* 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.
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.
This question refers to incorrectly written and or executed search warrants. A bad warrant can have the wrong names or addresses listed. They can also be executed exceeding the scope of what the magistrate ordered.