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Why or how do the judges know who to search at a search warrant?
Wiki User
∙ 14y ago
Judges do not search anything or anybody. The process of applying for and issuing a warrant is as follows; Law enforcement conducts a criminal investigation and develops certain facts about something or someone who is under suspicion. They take this information and reduce it to wrtiing in a warrant application known as an AFFIDAVIT. In this affidavit they must set forth their PROBABLE CAUSE as to why they believe this particular premise needs to be searched, or this particular individual must be arrested. They then submit this written affidavit to a judicial officer who reviews it for completeness and to ensure that it complies with applicable law. If it does - he signs it and it then becomes a legal warrant and may be served at a premise or upon a person. It is not legally necessary that the officers carrying out the warrant actually have it in their possession, or that they must show it to you. Many jurisdictions or agencies will try to have a copy of the warrant (particularly a search warrant) with them when it is served, however, it is not legally necesary for them to do so. Their knowledge that it exists is legally sufficient to carry it out.
Wiki User
∙ 14y ago
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Can a judge from a different county issue a search warrant for a residence in that same county to another county?
Many judges are state and federal judges, so perhaps their jurisdiction is extended beyond the county they are in. If a search warrant is presented to you by the police, you can be certain it has merit just as it stands.
Is it legal to obtain a search warrant of a friends house he does not live at for drugs?
First, you cannot obtain a search warrant. Police and prosecutors can, but only if they have enough evidence that there has been a crime, and that searching might solve it. Search warrants must be issued by judges.
How might a search warrant be executed in the state of North Carolina?
A search warrant can be executed in the state of North Carolina by an officer delivering the warrant to a person. Also, a search warrant can be mailed to a person to let them know that their property will be searched.
What is required for law enforcement officers to obtain a search warrant?
Probable cause that the objects or contraband they are searching for will be found on the premises - submit a signed and sworn affidavit to a magistrate or judge and - the judges signature on the warrant.
What word means a court order allowing police to search property and seize evidence?
A Search Warrant
Can police issue a new search warrant while exacuting a search warrant?
Ive heard of police with a search warrant finding something non-related to the search warrant, and then issuing a new search warrant on the spot regarding the new issue.
Would a search warrant for a house authorize a search of a tent set up on the premises near the house?
The judge may have written the scope of the warrant broadly or narrowly. You would have to read the text of the warrant to know for sure.
What is a search warrant for an urban premises?
Question makes no sense. A search warrant is a search warrant regardless of WHERE the premises is physically located.
Can police search a home with a summary arrest warrant?
Technically they cant unless they have a search warrant not an arrest warrant.
What does search warrant mean?
A search warrant is a document an offical must have to search your property for any reason.
What legal document permitting searches?
house search is the answer
If the search warrant is wrong can the police still used the evidence they found against you?
No. If the search warrant is invalid and they illegally searched you or someone you know (like without reasonable cause, or without the warrant) then they can't use any evidence against you. To the best of my knowledge, anyways. I don't know how many ways a search warrant can be wrong though...if they were searching for like, pot, but found cocaine, they CAN use that though. Or a gun, or something like that. If they have the warrant, they can use it. If they searched without the warrant, its invalid and inadmissible 100%.
