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What else can I help you with?
On an outstanding warrant can they enter your property without a search warrant?
They already have a warrant for the arrest of a person so they do not need another one to entire the residence of the named person. However, they do need a search and seizure warrant to search the premises for anything or anyone not included in the "outstanding" warrant.
What is a joyce search and seizure warrant?
If police are in possession of evidentiary iterms (i.e. secured via search warrant) and they then want to have one or more evidentiary items sent to the lab for testing, the police need to secure what's called a Joyce warrant for the latter seizure/testing. E.g. police seize bloody pants at a crime scene via search warrant. Police now want to send bloody pants to lab for biological testing. Police get Joyce warrant which permitts the testing on the already seized item. Hope that helps
What does one refer to when speaking about a search warrant?
A search warrant is a legal document issued by a court that authorizes law enforcement officers to conduct a search of a specific location, such as a person's home, vehicle, or office. It allows the officers to collect evidence related to a suspected crime. The warrant outlines the scope of the search, the items to be seized, and the authority for the search.
Even though there is a search warrant can police search a home in South Dakota if no one's been in the home to receive the warrant?
Yes. The police can search any items if they have a warrant. It does not matter that no one is there to receive the warrant. The police only have to leave a copy of the warrant at the residence.
If there is an arrest warrant out for a person do you need a search warrant?
No. As the arrest warrant for a person is simply that in & of itself -- to arrest the person. There should not be a need for a search warrant unless the authorities wish to search through one's personal property.
Can police with search warrant for one apartment search other apartments in same home?
No. They have to have a warrant for each living space.
When is a search illegal?
When they don't have a warrant for whatever they search ( even if they do have a warrant, it is usually for one piece of property house, shed, etc.)
To search your homes the government must have one of these?
Warrant
A seizure may result when there is submission to a show of lawful authority?
A seizure results when police or any government agents take evidence as the result of a search. Such evidence is not limited to tangible items. It includes any statements made as a result of the search. The 4th Amendment to the constitution protects individuals from unreasonable searches and seizures by the government. A search or seizure is unreasonable if it is conducted without a warrant or a recognized exception to the warrant requirement. The vast majority of searches and seizures conducted by law enforcement every day are done without a warrant. To be valid, therefore, law enforcement must have a valid exception for the search and/or seizure to be valid. Consent is a valid exception to the warrant requirement. It is one of the most frequently cited exceptions used by law enforcement to justify a warrantless search/seizure. For consent to be a valid exception, it must be freely, intelligently and voluntarily given. This is where the exception most frequently fails. Most so-called "consents" are actually submissions to a show of lawful authority. Such a submission does not constitute valid consent because it is not freely and voluntarily given. Submission to a show of lawful authority occurs when law enforcement gets you to "agree" to a search or seizure by acting as if you have no right to refuse it. An example would be if they have handcuffed you and put you in a police car and then say something like "we're going to search your car." of even "can we search your car?" and you answer "O.K." Under those circumstances (in handcuffs, detained in a police car), you reasonably believed that you had no right to refuse a search. Therefore, when you said "O.K." you were merely submitting to law enforcement's assertion of lawful authority. You were not giving free, voluntary consent to relinquish your Fourth Amendment rights. Therefore, your expression of agreement is not a valid exception to the warrant requirement and any search and seizure conducted by law enforcement is illegal.
What is a Search Warrant and what is its function?
US Answer Only: A search warrant is the instrument which protects the citizen against unreasonable searches and seizures of their person, papers and belongings. The search warrant is the safeguard by which The State is kept in check from running amok. In the process of a search warrant, The State is required to demonstrate to a judge (usually) that the thing to be sought and seized is (usually) either illegal to possess, or further evidence of a crime. The search warrant must (usually) pass muster from one's District Attorney and local judge prior to execution. Essentially, the search warrant presents the argument as to why the intrusion into someone's privacy does not constitute a violation of their fourth amendment protections against unreasonable searches and seizures. The document must lay out very specific particulars which must be "within the four corners of the document," meaning that the issue of "particularity" must be satisfied with regard to thing sought, location, and what are the facts known to The State that justify the intrusion.
Can you hand a search warrant to a minor?
It is unclear what the questioner is asking. Law enforcement doesn't "hand' search warrants to anybody. If the question is asking about the search warrant being SERVED when there is no one home but a minor. . . yes, a search warrant can be served at anytime, even if nobody is at home.
Name one specific detail that must be identified on a search warrant?
What the object of the search warrant is, IE, if you're looking for a firearm, or ilegal narcotics, or a candlestick in the library.
