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Would a search warrant for a house authorize a search of a tent set up on the premises near the house?
Wiki User
∙ 7y ago
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.
Wiki User
∙ 7y ago
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Who can authorize a legal search?
A legal search would be authorized by a search warrant, signed by a judge.
If you live upstairs and a officer has a search warrant can they go through your neighbor house?
It depends on how the warrant is worded. If the warrant states that "the "PREMISES" may be searched then the entire building may be searched. If the premises is divided up into apartments or individual rented rooms, the warrant would have to specifically state which apartment or room was to be searched, and no others could be.
In Texas can police enter a residence with misdemeanor arrest warrant when they are denied admission?
Police with an arrest warrant can enter the home of the person named in the warrant if they have reasonable grounds to believe he is on the premises. They can search the premises in any place the accused person would be able to hide (they couldn't for example, look in the drawers of a nightstand, because no one could hide there). Police have to get a search warrant to enter the house of a person other than the one named in the arrest warrant.
Does the accusing party have the right to enter premises of the accused during search warrant?
The accusing party would be the authorities (prosecutor's office) if they have a valid warrant then they have the right to enter the premises. Other individuals wishing to be present would need the permission of the court to accompany the law officers in the service of the warrant and subsequent search. All such matters are subject to the reasons of the action and the laws of the state and/or municipality in which the action is being taken.
Is there a distinction between the search of a premises and the search of a person?
A "premises" refers to a place, not a human being. Usually it is used to refer to the location used by a specific person who is suspected of committing a crime. It refers to a specific place identified by address ... example: "the premises at 49 Main Street, Anywhere, Some County, A State" ... which can be anything, a store, house, business place, etc. The search of the premises is the physical location, and it MAY include the humans there.If there is a search of a person, it is a specified individual human, identified by a name.A search warrant can be issued for a particular premises and include the humans on that premises if the humans are specifically included in the warrant. Otherwise, the officers administering the search warrant for the premises may not search any persons on the premises unless they believe a crime is in the act of being committed. A search of an alleged "drug house" can include the humans there on the suspicion that the humans are there to use, sell or buy illegal drugs - which would qualify as a "crime in progress" by the person who had the drugs on their person.
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.
Is a warrant valid if your at another address than your mailing address?
An arrest warrant doesn't care where it is served, the address is not important. A search warrant is valid for the address or premise listed in the warrant. Whether it is your address or not will not change the validity of the warrant.
What is the legal age to obtain permission to enter a home on a search warrant?
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.
If you show up and find police searching your property and ID yourself as the property owner do they have to tell you or show you they have a warrant?
Police can enter premises without a warrant in a number of different situations. Examples include:deal with a breach of the peace or prevent itenforce an arrest warrantarrest a person in connection with certain offencesrecapture someone who has escaped from custodysave life or prevent serious damage to property.Apart from when they are preventing serious injury to life or property, the police must have reasonable grounds for believing that the person they are looking for is on the premises.If the police do arrest you, they can also enter and search any premises where you were during or immediately before the arrest. They can search only for evidence relating to the offence for which you have been arrested, and they must have reasonable grounds for believing there is evidence there. They can also search any premises occupied by someone who is under arrest for certain serious offences. Again, the police officer who carries out the search must have reasonable grounds for suspecting that there is evidence on the premises relating to the offence or a similar offence.In other circumstances, the police must have a search warrant before they can enter the premises. They should enter property at a reasonable hour unless this would frustrate their search. When the occupier is present, the police must ask for permission to search the property - again, unless it would frustrate the search to do this.When they are carrying out a search police officers must:identify themselves and - if they are not in uniform - show their warrant card, andexplain why they want to search, the rights of the occupier and whether the search is made with a search warrant or not.If the police have a warrant, they can force entry if:the occupier has refused entry, orit is impossible to communicate with the occupier, orthe occupier is absent, orthe premises are unoccupied, orthey have reasonable grounds for believing that if they do not force entry it would hinder the search, or someone would be placed in danger.
Upon serving a search warrant to said house would a rented room be included or excluded?
Unless it was a licensed rooming house or boarding house, in which case the room or apartment number would have to be specified, search warrants generally encompass the entire premises.
What would define a faulty warrant?
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.
When served with a search warrant who signs the warrant?
A JUDICIAL Officer must review the affidavit for legal sufficiency - once they sign it it becomes valid. A judicial officer would include a Judge, Justice Of The Peace, or a Magistrate.
