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It is taken on a case by case basis. It all depends on what the warrant is tended to be issued towards. For example, if an officer has probable cause that inside of a house he walks by 4 men are smoking marijuana and snorting lines of cocaine. The drugs(evidence) will be gone with in the necessary time taken to get a warrant. If the officer does not get consent from the owner or lessor of the property he can call a judge to have a "blanket" warrant issued within minutes. Two great cases to look up on warrants would be "Mapp vs Ohio" and "Minnesota Vs. Dickerson", these cases deal with the exclusionary rule and how warrants are issued on the Federal and State level.
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What is another name for a search warrant?
Another name for a warrant is Capies
If you are not the owner of the house you live in does the owner's name have to be on the search warrant?
No, a search warrant is issued for the search of a residence or building.
What would define a faulty warrant?
A search warrant could be faulty if it has wrong information on it. Then it would make the search warrant void. This can be the wrong name or a mistake on the address. If there is not a reasonable suspicion it could also be faulty.
Should a warrant to search have a full name on it?
As long as the address, or description, of the property/premises named in the search warrant is legally "sufficient" a name is not necessary.
What must a search warrant state?
An arrest warrant must name or specifically describe the person(s) to be arrested.
Name one specific detail that must be identified on a search warrant?
What the object of the search warrant is, IE, if you're looking for a firearm, or ilegal narcotics, or a candlestick in the library.
Search warrant valid with a nickname?
A search warrant will specifically set forth the address or the property which may be searched. The legal name of the occupant need not necessarily be named.
What five basic things that must be in a search warrant today?
The the place or person being searched. What item(s) is to be seized. A copy of the affidavit use to obtain the search warrant. The name of the person swearing to the affidavit. The time at which the search warrant may be executed.
If names and dates are wrong on a search warrant is the search warrant still valid?
SEARCH WARRANTS are issued for addresses or specifically described premises. ARREST WARRANTS name a specific name. Which are you referring to? As long as a search warrant is served at the address set forth in the warrant it is immaterial what name appears on it. If it was an arrest warrant in what way was the name wrong? Spelled wrong? Gives their alias or street name? Gives a totally wrong name (i.e.: John Doe instead Jack Smith)?
Explain what today's search warrant includes?
Search warrants will include: an affidavit applying for the warrant, which details the probable cause for which the warrant is applied; Name or description of suspect(s), Item(s) to be seized, exact location of the item if known, and the Judge's signature ordering such search
What if the search warrant has a persons name on it who doesnt even live at residence the warrant was served?
A warrant to search a residence does not need to state the name, or names, of any resident. Although the warrant may state the name of an individual believed to be located upon that property. It only needs to be issued to the address or description of the property upon which it is to be served. However, incorrect information contained within a warrant is potential cause to exclude evidence obtained during the search based upon that warrant. The defense would have to show that the incorrect information was included by law enforcement in bad faith.
Does a persons name need to be on the search warrant?
Unless it is a person being sought in the search, rather than items of evidence, the only names that appear on a search warrant are those of the person filing the affidavit in support of the warrant, and the judge that signed the warrant.Search warrants are usually for places, not people.
