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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.
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∙ 13y ago
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Can a judge that used to be your lawyer sign a search warrant against you?
Yes. But normally such a judge, if he remembers you, will recuse himself from the case. The judge that signs a search warrant will not necessarily be the judge that tries you.
What kind of judge can sign a search warrant?
Yes the judge only signs in most of the caases
Does a search warrant have to have the time it was issued on it?
The date that the issuing judicial officer signed it would have to be on it and the officer(s) serving the warrant would sign and date it when it was served.
What is an application and affidavit for search and seizure warrant?
In order to obtain a warrant, a police officer / prosecutor must ask a judge to issue the warrant (the application) and submit evidence (usually his own sworn testimony in the form of a written affidavit) that the search/seizure is supported by probable cause.Additional; The "application" for a warrant is called an "affidavit." The statement of probable cause contained in the affidavit MUST satisfy the issuing judge that sufficient probable cause exists to satisfy the law. ONLY after the judge signs the affidavit is a legally sufficient warrant issued.
When served with a search warrant who signs the warrant?
A JUDICIAL Officer must review the affidavit for legal sufficiency - once they sign it it becomes valid. A judicial officer would include a Judge, Justice Of The Peace, or a Magistrate.
Process to obtaining a search warrant?
Prepare an affidavit , setting forth all the evidence and knowledge you have of premises and the offense/violation of the law known (or suspected) to be occurring there. Present the affidavit to a judge or magistrate, swearing to the truhfulness of the information contained in it. The judge will peruse it to be certain that it contains all the requirements of the law, and then signs it. Upon the judge's signature, the affidavit becomes a warrant and may be served.
How specific must the language be on a search warrant?
Sufficient enough to convince a judge that their is probable cause to issue it in the first place. If you are referring to whether YOU think it is specific enough is immaterial. Only the judge that signs it must be convinced of the affidavit's sufficiency.
How long does a arrest warrant take to publish?
Don't understand the question - the arrest warrant is valid the moment the judge signs it. It doesn't have to be "published" anywhere.
How long does it take for a pending warrant to be issued?
Not long at all, the minute the judge signs it, it's in effect.
Which has power to issue a search warrant?
In the US: Search warrants are issued by judges, magistrates or other judicial officers after application is made by law enforcement. The application (affidavit) identifies the premise(s) to be searched and the probable cause that was developed to support the reason for the search. After review by the judge to be certain that the affidavit is legally sufficient and probable cause does, in fact, exist, the judge signs the affidavit which then legally makes it a warrant and law enforcement carries it out.
Do the time the search warrant is obtain have to be on the warrant?
No. It's not the police's job to show you the warrant as long as they have a valid one. By the time they leave your house you will have one posted on your door or given to you personally. As long as its it's a valid warrant i.e. at the department just authorized its ok. Your entitled to a copy of it which you will get during the search if it is not already present at the time of the search. When the enter your house at that specific time if any officer has a warrant its valid. If they enter your house in the process of getting a warrant under the assumption that they will receive one its invalid. Actually having the warrant at the scene during the time of entry is not required.
If you are smoking marijuana on a porch and a cop driving by smells it can he search you and your friends andor your house?
yes it gives him/her probable cause to search the persons outside, but not inside without a warrant. however, he may keep the person's detained until a judge signs a search warrant, which could take 30min. to a few hours. also, pray its not a k-9 unit. if the dog smells drugs, its an automatic ok to search, in most states.
