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When police conduct a search on your home are they required to produce a search warrant. if they don't have one and arrest you and take property can they then claim they have had the warrant sealed?
Wiki User
∙ 12y ago
Although the internal policies of some departments may suggest that a copy of the warrant be left with the resident, this is mainly a public relations step rather than a legal requirement that one be produced before the search can be conducted.
If the warrant was, in fact, "sealed" then there is no need to give a copy to the resident, regardless of anything else.
If you were arrested and property was seized as a result of the service of a warrant, in order for it to be used in any subsequent court action, a legitimate copy of the warrant MUST be produced as part of the prosecution documents in order to present the evidence in court, otherwise it all becomes "fruit of the poisoned tree" and unuseable in the case.
Wiki User
∙ 12y ago
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What is the purpose of a warrant?
In the Bill of Rights the fourth amendment says the government must have a warrant and probable cause to search and/or seizure of your property.
Is a warrant required for the search of property belonging to a minor?
It depends on the state you're in. Most states and the feds would accept the parents' permission to search in lieu of a warrant, since most states do not allow minors to hold title to property.
In Canada what is the difference between a search warrant and a general warrant?
A search warrant allows police to search for property and seize specific property, at a specific time, for a specific reason; In Canada a "General Warrant" allows the police to use a particular technique or method, (that without Judicial authority would be considered a breach of the persons rights) to obtain information relating to an offense. An example of a General Warrant would be: Authorization for the police to conduct a perimeter search of a property to look for signs of say a marijuana grow operation (condensation, smell etc) These observations can not be physically seized (They are observations and not property) and therefore a search warrant is not applicable.
Can game warden come on private property in Virginia?
Yes, the law allows for DCNR personnel to search private property without a warrant. They are still required to obtain a warrant to enter a dwelling as well as curtilage. Without this, the would be unable to effectively conserve and preserve our natural resources and enforce game and fish laws. Yes, the law allows for DCNR personnel to search private property without a warrant. They are still required to obtain a warrant to enter a dwelling as well as curtilage. Without this, the would be unable to effectively conserve and preserve our natural resources and enforce game and fish laws.
Who gets arrested after a search warrant is executed?
A search warrant is a document signed by a judge that allows the police to conduct a search of a property or person. Arrests are made based on evidence discovered during the search. Who gets arrested depends on who owns the property being searched, the item being searched, what type of evidence is discovered, and other factors.
If a warrant is to search a home can a car on that property be searched?
It depends on the wording of the specific warrant.
Can police raid a home and not show a warrant?
No, police generally need a warrant to legally conduct a raid on a home. The Fourth Amendment of the U.S. Constitution protects against unreasonable searches and seizures, and a warrant is typically required unless there are specific exceptions, such as extenuating circumstances or a valid consent to search.
What is a trespass warrant?
If a person has trespassed onto a property when they have been asked not to, the owner of the property can take out a trespass warrant. This will legally keep them off the property and legal action can be taken if they enter.
What laws state that police have to have a search warrant to enter private property and search?
In the UK, the Police and Criminal Evidence Act 1984 provides the framework outlining the powers of the police, including the cases when a warrantless search can be conducted, and when a warrant is required.
Which Amendment protects citizens from unreasonable searches and seizures?
The Fourth Amendment protects from illegal searches and seizures. It requires law officials to have a warrant in order to conduct a search. It is part of the Bill of Rights and was adopted in 1792.
What is required for an arrest warrant?
probable cause
What word means a court order allowing police to search property and seize evidence?
A Search Warrant
