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What are your rights when search is done with a sealed search warrant?
Wiki User
∙ 15y ago
First of all you must no your rights very well, the officer must first show his I.D card and badge to you at the gate of your house, and not inside your very own house , then the warrantmust always be opened and read to you , before he puts his legs inside your house. . A sealed warrant should mean nothing . It must always be opened and read clearly.
Wiki User
∙ 15y ago
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How can a search warrant on a residence be thrown out?
There has to be reasonable cause that the search warrant is not valid. For the most part once a Judge approves the search warrant there is nothing that can be done. Your home will be searched either way.
Is it a violation of the fourth amendment If police said they have a search warrant and proceed to search the premise take items but do not show proof of the warrant when leaving?
no they do not have to show you all they need is the search warrant. But what you should have done is to see the warrant. Sorry
What does law enforcement need to obtain a search warrant?
They must provide a judge with probable cause to do a search.
Can you sue the FBI for a search warrant that was done in error?
No, but any evidence taken in an illegal search, or evidence taken that wasnt included on the warrant may not be used in court.
Does a search warrant entitle police to search all of apt and bedrooms even when bedroom is locked and that person isn't on the warrant?
NO. The warrant is issued for specific items to be siezed and specific locations to be searched. There has to be SPECIFIC listings as to what is sought and what areas are to be searched. That is in the U.S. Constitution as part of the 4th amendment, it does not vary. For example, if the officers are searching for a stolen television set, they cannot legally search inside your jewelry box. However, if authorities find illegal items that do not relate to the case in question those items can be siezed if they are illegal and were found legally during the search. Locked or unlocked does not matter, if it is on the warrant to search for the items, it can be done. However, if a person lives in an apartment where he/she gives consent to search, he/she cannot give consent to search rooms they do not live in.
Can you get a pistol with a sealed felony?
It depends. If you have a felony on your record, you can never again own a firearm, unless your rights have been restored. Having your rights restored is something that you have to request, it is not something that just happens, and even then, it can only be done under certain circumstances.Additional: A "sealed' Felony means that it is sealed only to the general public. Law enforcement, the courts, and government agencies doing background checks still have access to the record
Can a officer enter a residence by the smell of marijuana Can an officer detain a guess in a apartment without a search from the smell of marijuana?
* Police can obtain a search warrant based on the smell, and they can prevent people from coming and going until the warrant is brought to the scene. This is not done often. In most jurisdictions, the smell is enough for an investigative detention of a person. Some jurisdictions permit the entry to the next room (based on the smell) if the police were already in the house. * Yes. As far as I know, it is legal to execute a search of the property based on the plain "sight" clause. The smell of marijuana is probable cause to search the property. A search warrant is not needed, nor will any police officer attempt to procure a search warrant based on the smell of weed. It takes a lot more than the smell of weed to get a search warrant. The answer to your second question is: No. A police officer cannot detain anyone just for smelling like marijuana. Smelling like pot isn't illegal, only having it is.
What happens if you are caught drinking and driving?
You will either get a ticket or go to jail. Ticket:If you have no warrant or havent done it before Jail:If you do have a warrant and are caught
If the sheriff dept is coming to my house everyday is there a warrant for me?
maybe. have you done something?
When you have a warrant check done does it automatically do a nationwide search?
The agency that performs the check can specify the scope of the search. So it could be only for statewide checks or it could be national. However there are a lot of warrants that are not put in the national database so it could be possible that something does not show up even on a national check.
What can you do if you disagree with the bench warrant?
Appear. A warrant is an order from the court for something to be done. A bench warrant is a order to any police officer (which they must obey) to arrest and deliver a specific person to the court. Going in on your own should cancel the warrant, and may let you avoid arrest.
Do search warrants expire?
The warrant will never expire. The only way to get it taken care of is if a judge will get rid of it.
