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Is giving consent to search a home the same as a search warrant?
Wiki User
∙ 13y ago
NO, it isn't. A search warrant limits the scope of a search. Once you have consented to a search, you have placed yourself outside the protections of the fourth amendment! There is no longer any requirements of reasonability and you will likely be prevented from supressing any resulting evidence later on. NEVER consent to a search!
Wiki User
∙ 13y ago
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What is considered an illegal home search?
depends if you have the permision of the home owner. If you have the home owner's permision then you can search it. If you don't have the home owner's permision or a warrant then it is illegal. (A search warrant bypasses home owner permision) as it is agreed by court. Hope this helps. - This answer is a UK answer. e.g. the rules may be different in different countries.
Under what conditions can the police search your home?
With a Warrant, consent, or exigent circumstances
What would be required of police to search a home suspected of containing marijuana?
Your consent, or a warrant.
With a search warrant drug related issued for a particular home can police drug test a non-resident visitor that was not named on the warrant?
if that person gives them consent they can.
Who cannot consent to a warrant less search of a home?
Only a legal occupant of a residence, or an owner or employee of a business can consent to a warrantless search of the premises - UNLESS - the search involves the "fresh" or "hot" pursuit of a wanted subject - then, no consent is needed to enter.
What if the officer used open hand search in their home?
Police officers are trained to use an open hand search when they are searching somebody for weapons. To enter the home, the police need to have a search warrant or the consent of the owner.
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.
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 police search a home with a summary arrest warrant?
Technically they cant unless they have a search warrant not an arrest warrant.
Does person have to be home for search warrant?
No, they do not.
Even though there is a search warrant can police search a home in South Dakota if no one's been in the home to receive the warrant?
Yes. The police can search any items if they have a warrant. It does not matter that no one is there to receive the warrant. The police only have to leave a copy of the warrant at the residence.
If police enter your home with a search warrant why would they then ask for consent to search?
If their search is conducted completely in conformance to the wording of the warrant they can only search for and seize what the warrant allows AND anything else which lies IN PLAIN SIGHT. If they obtain your consent to conduct a search, they may search ANYWHERE and seize ANYTHING they find that is of an unlawful, or illegal nature.
