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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.
What else can I help you with?
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.
Can police remain inside a residence while waiting for a search warrant?
no becasue they can't even go inside a residence without a warrant
Is search warrant valid if the house search and frincked with illegal drugs is not your residence address?
Yes, if the warrant specifies that home or location.
Can a minor give police officer the right to search their residence with a warrant?
There is no consent needed from anybody when there is a valid search warrant in play. The court gives the police the right to search by granting the search warrant.
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.
What is needed by police to enter a private residence in order to collect evidence?
The police need a Search Warrant to enter a private residence in order to collect evidence unless they have reasonable cause.
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.
Can the police secure a residence while they decide if they want to get a search warrant?
Yes, they can.
On an outstanding warrant can they enter your property without a search warrant?
They already have a warrant for the arrest of a person so they do not need another one to entire the residence of the named person. However, they do need a search and seizure warrant to search the premises for anything or anyone not included in the "outstanding" warrant.
Can a search warrant be issued for a third party residence in Florida?
Don't understand the question. What do you mean by a "third party residence?"
If the police search your house with a search warrant are they allowed to return to the premises to search again with the same warrant?
If the police department secured the residence, and maintained security of the residence, they may search it however many times they like, within reason. However, as soon as the department relinquishes authority over the premise, the warrant has been served, thus a new entry would require a new warrant.
Rules for executing a federal search warrant on a private residence?
No they don't need a warrant. They can enter and arrest the individual. They are not authorized to do a full search of the residence, however, they can search the immediate vicinity of the individual for things he may have stashed or weapons that might pose a threat to the officers.
