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mainly particularity, listing the place, the items sought, and the investigation and/or corroboration of said investigation. I find it odd that most folks are not aware of the doctrines of "independent source" and "inevitable discovery." These doctrines are two of the ways crooked law enforcement is enacted. The biggest loophole of all: the fact that there is no MANDATE that an affidavit be filed at any particular time, at least not in my state. I have searched diligently, and the issue seems to be conspicuously skirted. Think about it, a late affidavit is another form of the 2 doctrines I listed above. It is scary. And citizens wonder how people wind up in prison wrongfully!
What else can I help you with?
Do the police need a warrant to search Facebook?
A warrant may be necessary for the police to search the server that Facebook is running on. It is also possible that FB may choose to allow the search without a warrant. If the 'search' is simply examining publicly available information on any web page, no. A warrant would not be necessary.
Can you show a search warrant to a minor when there to search?
Actually the police don't necessarily have to show the warrant to anybody. In fact, to execute a search warrant it isn't even necessary for a resident or occupant of the premises to be present.
Should a warrant to search have a full name on it?
As long as the address, or description, of the property/premises named in the search warrant is legally "sufficient" a name is not necessary.
What makes a night search warrant necessary verses a day search warrant in California?
Because the authorities strongly suspect that the 'something' or 'someone' they are looking for is more likely to be there after dark.
When armed with search warrant why is it important to also ask for consent prior to serving said warrant?
The question is framed INCORRECTLY. It is only necessary to ask for consent to search if the officers do NOT have a search warrant. In that instance, asking such permission would constitute a legal search and any illegal items they might find would be legally admissible in court. When they are armed WITH a search warrant, unless the officers simply feel like being polite (which we hope they always are) it is NOT required or necessary to ask permission of anyone to conduct the search.
What are the acceptable conditions for issuing a warrant for arrest of search?
A search warrant is necessary when a person doesn't not willingly let the police search their property. In which case, the police must present a valid reason to the court for it to allow a search. No search warrant is necessary if the arrestee or suspect gives permission for his property to be searched.
How can one obtain a search warrant?
To obtain a search warrant, a law enforcement officer must present evidence to a judge or magistrate showing probable cause that a search is necessary to find evidence of a crime. The judge will review the evidence and, if satisfied, issue the warrant, allowing the officer to search a specific location for the specified evidence.
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.
Warrants are required for all searches?
Unless permission is given for a search then a warrant is required unless exigent circumstances exist (life or death), in which case a warrant is not necessary.
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.
Which amendment states a search warrant is necessary before any citizens possessions may be looked at and seized?
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