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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.
What else can I help you with?
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.
Does a name of a person have to be on a warrant?
Yes. The legal requirements for warrants do vary between jurisdictions, so it depends on where you are. But as a general rule, in order to be valid, an arrest or search warrant must name a specific person or premises.
Can police search your home?
yes if they have a warrant.Added; Or they are in "fresh pursuit" of a perpetrator and the person being chased enters the premises.
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.
Can a police officer search a locked room when the warrant says search premises?
Yes unless it's a car and the glovebox/trunk is locked. Premises includes all rooms
If the search warrant is for your home can the police search your garage?
If the garage is attached to the home, yes they can search the entire premises.
Can your personal belongings be searched if i am m not on the warrant?
If the search warrant is for the entire premises, and you, or your belongings, are in "the premises," yes, your personal belongings can be searched.
Can police search someones property who is not on the search warrant?
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.
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 owners name have to be included on a search warrant and if he is not do they have the right to search him and his room?
Only the address or legal description of the premises to be searched need be identified. If the entire premises is specified and the search area is not otherwise limited in scope, then the entire location and all the people in it can be searched.
What is a search warrent?
the address of the premises being searched the reason it s been searched and a signature of the judge authrising the search
Can Police enter your home if the only person on Probation on a Drug possession case is not home?
If the police have a valid search warrant, they can enter your home regardless of whether the person on probation is present or not. The search warrant allows them to search the premises for specific items or evidence related to the drug possession case.
