the crown (police) will need to have evdince against you first. this has to be solid and then taken to the magatristres court to obtain the warrent. before the warrent is issed they must first convince the judge by entring youre home they will be able to get more evidnce which will later on help porucute you in court. it usally take along time to get warent liek 2weeks and also it very exepsive so if they do do it it has to be something major i.e a muder wepaon
Added: (in the US) The information supportng the request for a warrant is called an AFFIDAVIT and must contain sufficient 'probable cause' to be legally 'sufficient' so that a judge or judicial officer will sign the affidavit. Once the affidavit is signed by a judge the warrant may be issued and served.
No they do not. If they have a signed search warrant they are allowed to enter without notice. They are only required to show you the warrant upon your request to see it. If they do not allow you to see the warrant, this could potentially invalidate the search and make any evidence found against you during the search inadmissible.Added: While the above may be true in the specific case of the service of search warraants, it is NOT so in the case of the service of an arrest warrant. Mere knowledge of the existence of an arrest warrant for an individual is sufficient to take that person into custody. The arrestee need not be shown the actual warrant at the time of arrest.
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.
A search warrant is granted by a judge or magistrate based on a law enforcement officer's affidavit, which must demonstrate probable cause that a crime has been committed and that evidence of that crime can be found in the specified location. The warrant must include specific details such as the address to be searched, a description of the items sought, and the legal basis for the search. Additionally, it must be signed by the issuing authority to be considered valid. This process helps to protect individuals' Fourth Amendment rights against unreasonable searches and seizures.
Several words can precede "warrant," depending on the context. Common examples include "search," "arrest," "performance," and "financial." Each of these combinations conveys a specific legal or procedural meaning, such as a legal authority to search a property or make an arrest. Additionally, phrases like "service" or "written" can also be used in various contexts.
They are legal documents that can appear in almost any form - from legal sized heavy- weight paper documents all the way to photocopier paper - it makes no difference what they LOOK like it is the signatures on them that make lt 'legal."
No, if law enforcement officers reasonably believe that a valid warrant has been issued, the officers may begin the search. The warrant does not have to be with them, and the warrant does not have to be given to the owner.
To serve an arrest warrant and make an arrest when it is known that the individual named in the warrant is inside - POSSIBLY - depending on the circumstances.To serve a search warrant and search the premises for articles and contraband, yes, they do not need your poermission.
The way I understand it, if they have an actual search warrant for the premises, they really don't need to obtain anyone's permission at all, regardless of the age of whomever- if anyone- answers the door. As far as no search warrant and the police come to the door and ASK if they can look around, I am not sure if a minor or non-resident of the home may give it or not; I wouldn't think a four year old would be considered culpable enough to make and understand such a choice...Additional: The first answer is correct. It is not necesary for a resident to give permission to search, or even be present while the search is being conducted. If the police have a search warrant in their possession, they can enter the premises, even if no one is at home.
In the United States, a request for a search warrant must be signed by a judge.a judge after the paper work (known as an affidavit) is presented to the judge accompanied enough probable cause to make a search to look for drugs, or illegal substances, or objects.
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If you did not have the right to a gun and refused to give it up, they would just imprison you and obtain a warrant to search for the weapon. Make it easy on yourself; give it up, then get it back the legal way.
a gun