Search warrants are customarily issued identifying the PREMISES or LOCATION or ADDRESS to be searched, and do not usually name specific individuals. If you happen to be on those premises at the time the warrant is executed you and your property can, and will, be searched.
To search someone or their property, police typically must obtain a search warrant, which requires demonstrating probable cause to a judge or magistrate. In emergencies or exigent circumstances, they may conduct a search without a warrant. The search must be conducted in a reasonable manner and be limited to the areas specified in the warrant. Additionally, individuals have the right to be informed of the search's legal basis.
A Search Warrant
Yes and no. If the Police have a search warrant or your consent, they may search you. If they have neither and you're not under arrest, then no. This would be a 4th amendment violation and any evidence obtained through the illegal search would be suppressed. They may only search you incident to arrest, which means after they've verbally informed you that you're under arrest.
Under most circumstances, no. The police usually need a warrant to search your house, car, property, etc. However, there are some cases in which the rule can be bent. If you are being arrested, the police may search you and your property for weapons or other accomplices for their own safety. If the police already have permission to be on your property, and they see some form of evidence that is clearly visible, they have the right to lawfully seize it. If the person who is in control of the property gives consent to the police, they may search it.
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.
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.
It could be one. There are search warrants and arrest warrants. If you have a search warrant, the police are entitled to search your property. After executing the search warrant, if the police establish probable cause to believe that you committed a crime, they can arrest you. If you have an arrest warrant, it is only a matter of time before the police find you and execute the arrest warrant.
Only the police can apply for a search warrant, and only a judge can approve of the search warrant. The police only apply for search warrants when they have reasonable suspicion that their suspect is hiding something illegal in his/her house.
A police officer needs a search warrant signed by a judge to search your property for evidence. The officer does not need a search warrant to come onto your property if he has reasonable grounds to think a crime is in progress or if the officer is in pursuit of a suspect.
Yes, police generally need to show a search warrant before entering a property, unless there are specific circumstances that allow them to enter without one, such as in cases of hot pursuit or imminent danger.
The police can only search your house and property with a search warrant or with your permission. Contrary to the belief of most people, the police have no right to search your property for someone who does or doesn't live with you without a 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.