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Can officers search your car without a warrant if they have probable cause that contraband is present?
Wiki User
∙ 11y ago
yes
Wiki User
∙ 11y ago
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What is required for law enforcement officers to obtain a search warrant?
Probable cause that the objects or contraband they are searching for will be found on the premises - submit a signed and sworn affidavit to a magistrate or judge and - the judges signature on the warrant.
Do customs officers need probable cause or a warrant to search and seize?
yes of course they do
Do you have to open the door to police officers?
NO NO, but if they do have probable cause, they'll kick the door in. Probable cause does not always involve a piece of paper.............like a warrant. If you lock the door, after they speak to you, you can be charged with obstructing and delaying, if they had probable cause.
A search warrant was issued to your friend house and your truck was there can it be search?
No, because the warrant is for the house and house only. Although police officers would probably still search the vehicle, only to use the warrant as an excuse for an illegal contraband hunt.
Can Police remove you from your home while executing a search warrant?
Yes.In Michigan v. Summers the Supreme Court stated, "We hold that a warrant to search for contraband founded on probable cause carries with it the limited authority to detain the occupants of the premises while a proper search is conducted.Law enforcement officers may also require residents to remain outside their home until a search warrant can be obtained if the officers have probable cause to believe the home contains evidence of illegal activity (Illinois v. McArthur, 2001)Source - Criminal Investigation. 9th ed. Clifton Park: Delmar, 2010. Print.
When can government agents obtain a search warrant?
Government agents can obtain a search warrant when they have probable cause to believe that evidence of a crime or contraband will be found in a specific location. This typically requires them to present an affidavit to a judge or magistrate, detailing the specific facts and circumstances supporting their belief, and the judge will then decide whether to issue the warrant. Search warrants are generally required under the Fourth Amendment to the United States Constitution, but there are exceptions in certain situations.
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.
When a warrant is issued on your residence do you have the right to watch them search as in same room with officers?
No, you do not. Technically (and actually) YOU are in temporary custody. Usually you will be confined to one room or location while the officer(s) conduct their search so that you will not interfere with, or 'contaminate,' the search area. Remember: the officers are serving a WARRANT in YOUR home. If they find the contraband described in the warrant, YOU may be arrested and charged.
Do police officers need a warrant or probable cause to search a mobile home?
Yes. Unless you invite them in, they have no right to come into your home regardless of what it is.
Can residence be search with arrest warrant?
The "immediate area" of the arrested subject can be searched at the time of their arrest, but the entire premises may not be, unless there is an accompanying SEARCH warrant. This does not preclude an officer being stationed in the residence to prevent the removal or destruction of contraband -if- circumstances support probable cause for believing this, while a search warrant is applied for and arrives.
What is required for an arrest warrant?
probable cause
What kind of warrant can a parole agent issue?
Parole Agents/Officers do not possess that power. Only judges and magistrates have the pwer to issue a warrant. However, the agent/officer can present an affidavit for a warrant to the court to support a request for the issuance of a warrant.
