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If the police obtain a search warrant to seach a home and they do not find anything pertaining to the warrant when they search the home can they still seize items.?
Absolutely not. They can only confiscate the types of items outlined in the search warrant, as long as nothing else criminally possessed was found while searching the house.
When a police officer serves a warrant does he bring it with him?
In most cases an officer who is serving a Search Warrantwill have it in his possession. However in special cases such as a warrant obtained over the radio or telephone the search warrant may not be immediately available. Arrest Warrants are most often 'unplanned.' An officer stops a person or a vehicle and is told over the radio that an there is an arrest warrant for a person. Since a warrant is a command from a court to arrest a person, the officer will arrest with only the work of the poilce dispatcher.
Do police have to fill out your copy of the search warrant?
You don't get a copy of the search warrant unless you are the owner or legal inhabitant of the premises on which the warrant was served. Then (according to the laws of your jurisdiction), at the conclusion of the search you may get a copy of the warrant along with the list of seized items.
Insignia of an AG chief warrant officer?
warrant officers only wear the warrant officer emblem which looks like a wreath
Can a conservation officer search your property without a search warrant?
It depends on which state you live in, but for the most part, a search warrant is not needed if the following conditions are met: 1. There is a probable cause (i.e. the officer sees 6 sets of antlers poking out from under a tarp on your property) 2. The officer sees or obtains the probable cause legally (is it visible from the street, or did he/she observe you carrying out the elements of a crime) 3. The officer has the legal authority (i.e. is he/she a peace officer or otherwise authorized in your state) The officer can also get consent from the property owner by asking, then of course, a search warrant is not needed. Most investigators will not execute a search without a warrant unless they believe that there is a danger of destruction of evidence or there is a danger to public safety. It often takes only a phone call to obtain a telephonic warrant.
Can an officer search your car any time?
A police officer in the United States can only physically search your car with a warrant or probable cause, such as seeing a weapon, open container or drug paraphernalia through a window.
If police enter your home with a search warrant why would they then ask for consent to search?
If their search is conducted completely in conformance to the wording of the warrant they can only search for and seize what the warrant allows AND anything else which lies IN PLAIN SIGHT. If they obtain your consent to conduct a search, they may search ANYWHERE and seize ANYTHING they find that is of an unlawful, or illegal nature.
What is the purpose of a search 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.
Can a search warrant be post dated?
(Answer is applicable to the USA only): It depends on the State in question, but under federal rules, "Yes." ADDED: For the date of SERVICE of the warrant: Yes. For the APPLICATION date of the warrant: No. For the date it was SIGNED by the judicial officer: No.
What branch of the military does not have a warrant officer?
Of the four main branches the Air Forces is the only one that does not have the rank of Warrant Officer.
Can a cop text a judge for a search warrant?
No, they have to actually go to the judge and present the evidence showing that the warrant is necessary. If the judge approves, he has to sign the warrant for it to be legal. The officer must then have it with them when they go to wherever the warrant is for. The warrant is also only good for 24 hours, unless otherwise specified.Added: An officer applying for a warrant does NOT have to produce evidence to the judge of the offense, he only has to swear an oath that Probable Cause exists for the search and/or arrest. Also - although an issuing judge MAY place a service time limit on the warrant, they do not necessarily automatically expire within a 24 hour time limit.
Can a protem sign a search warrant?
No, a pro tem judge cannot sign a search warrant. Only a judge with the authority to issue search warrants can do so. A pro tem judge is a temporary substitute judge who fills in for a regular judge and has limited authority.
