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Does the accusing party have the right to enter premises of the accused during search warrant?
Wiki User
∙ 15y ago
The accusing party would be the authorities (prosecutor's office) if they have a valid warrant then they have the right to enter the premises. Other individuals wishing to be present would need the permission of the court to accompany the law officers in the service of the warrant and subsequent search. All such matters are subject to the reasons of the action and the laws of the state and/or municipality in which the action is being taken.
Wiki User
∙ 15y ago
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What are my legal rights during a search warrant when children are involved?
Not exactly certain what the questioner is asking -HOWEVER- if the children are on the premises and the warrant specifies "the entire premises" may be searched then the children can be searched also. In my personal experience I have often found numbers slips and narcotics hidden in baby's diapers and their cribs.
What was Abigail Williams accused of?
Abigail Williams was only accused once, by Joseph Hutchison, of being a witch. During the Salem Witch Trials she was one of the main accusers, accusing 62 people in 2 years. She was only 12 at the time (1692).
Does a warrant to search a premises allow by implication the search of any persons on the premises when the warrant is executed?
NORMALLY, NO. There are exceptions where Officers can search persons on the premises, not named in the Search Warrant. The Search Warrant specifically lists, and outlines what is covered under the warrant. Normally, Search Warrants cover "places" or "items". There may be an exception if someone on the premises appears to present a threat to the Peace/Police Officers conducting the search. (ex: a woman with an open pocketbook which appears as thought the pocketbook might contain a small handgun, is subject to a search. The woman may comprise the Officer's safety and the safety of other people, during the Search.) If the Warrant is a Search for a particular person, normally an Arrest Warrant is issued for the individual, and can be issued in with a Search Warrant. REF:http://fourthamendment.com/blog/index.php?blog=1&title=consent_to_search_premises_normally_does&more=1&c=1&tb=1&pb=1 .Maybe A properly prepared warrant will include such things as items and paperwork that establish dominion and control of the place or residence in question. This clause allows an officer who is searching for a stolen freezer to search locations where a freezer could not reasonably be kept or hidden.These items could include items in a person's wallet or keyring. The officers may also decide that a search of persons is necessary for the safety of the officers.
Can the police arrest and charge you if they find Drugs during a stolen goods warrant search?
The rule is that; During the execution of a valid search warrant, if evidence of a crime is discovered that is un-related to that for which the warrant was issued, the police may take action for the newly disclosed offense. In this case, they had a valid warrant to search your premises for stolen goods, and during that search, they discovered contraband drugs. Yes, they can arrest upon making that discovery, even though that was not the reason they were there for originally. The warrant gave them them lawful permission to be there in the pefromance of their duties, they are not required to turn a blind eye to things other than what is specified in the warrant.
Effect of the death of accused in criminal prosecution?
If the accused died during the investigation phase, it would not necessarily halt the investigation until it was proven that the accused acted alone in their crime. If the accused died during trial, it would end the trial.
Can the police use the threat of shooting your dogs to get consent to search your home?
I'm not sure I understand the question. The police are prohibited from making warrantless, non consenual searches. If you consent to let the police search your home, why would they want to shoot your dogs? Why wouldn't you restrain your dogs if you were allowing the police to search? If the police have a warrant to search the premises, they are absolutely authorized to destroy the dogs during the execution of the warrant, if necessary.
Can you be arrested on a search warrant even if they dont find anything?
A search warrant is NOT necessarily an arrest warrant. If some other violation comes to light during the search that supports your arrest, yes, you could be arrested, even if nothing was found during the search.
What is 'during the non attendance of the accused'?
absente reo
If you show up and find police searching your property and ID yourself as the property owner do they have to tell you or show you they have a warrant?
Police can enter premises without a warrant in a number of different situations. Examples include:deal with a breach of the peace or prevent itenforce an arrest warrantarrest a person in connection with certain offencesrecapture someone who has escaped from custodysave life or prevent serious damage to property.Apart from when they are preventing serious injury to life or property, the police must have reasonable grounds for believing that the person they are looking for is on the premises.If the police do arrest you, they can also enter and search any premises where you were during or immediately before the arrest. They can search only for evidence relating to the offence for which you have been arrested, and they must have reasonable grounds for believing there is evidence there. They can also search any premises occupied by someone who is under arrest for certain serious offences. Again, the police officer who carries out the search must have reasonable grounds for suspecting that there is evidence on the premises relating to the offence or a similar offence.In other circumstances, the police must have a search warrant before they can enter the premises. They should enter property at a reasonable hour unless this would frustrate their search. When the occupier is present, the police must ask for permission to search the property - again, unless it would frustrate the search to do this.When they are carrying out a search police officers must:identify themselves and - if they are not in uniform - show their warrant card, andexplain why they want to search, the rights of the occupier and whether the search is made with a search warrant or not.If the police have a warrant, they can force entry if:the occupier has refused entry, orit is impossible to communicate with the occupier, orthe occupier is absent, orthe premises are unoccupied, orthey have reasonable grounds for believing that if they do not force entry it would hinder the search, or someone would be placed in danger.
How did witches earn money during the witch trials?
They didn't. Most people who were accused of witchcrafter were wrongly accused & convicted.
Who represents the accused during a court martial?
Either a civilian lawyer hired by the accused or a military lawyer provided by JAG.
What happened to people in America that were accused of being communist during McCarthyism during the 1950?
They would get blacklisted, and not be allowed to be hired, so they'd loose money, and people would be against the person who was accused.
