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Any objects found during the course of a search warrant are recorded, seized and taken as evidence.
A receipt is issued and 'return of service' listing the items and facts is returned to the authorizing judge.
An arrest may happen during the warrant service or at a later time.
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If the search warrant is wrong can the police still used the evidence they found against you?
No. If the search warrant is invalid and they illegally searched you or someone you know (like without reasonable cause, or without the warrant) then they can't use any evidence against you. To the best of my knowledge, anyways. I don't know how many ways a search warrant can be wrong though...if they were searching for like, pot, but found cocaine, they CAN use that though. Or a gun, or something like that. If they have the warrant, they can use it. If they searched without the warrant, its invalid and inadmissible 100%.
How long will someone have to wait in jail from a search warrant?
If they were arrested as a result of a search warrant being executed - it all depends on what the search warrant was for (what crime/offense) and whether the evidence being searched for was found (I'm assuming it was).
What is the sentence for a search warrant?
There is no sentence for a search warrant. If, during the search, evidence of a crime is found, a criminal charge may be filed. The sentence, if a person is found guilty of the criminal charge, will depend upon what the criminal charge is.
Can you be arrested on a search warrant even if they dont find anything?
A search warrant is NOT necessarily an arrest warrant. If some other violation comes to light during the search that supports your arrest, yes, you could be arrested, even if nothing was found during the search.
Does a warrant need to be issued to search a home that someone was found murdered in?
No.
Whats the Difference between search and arrest warrant?
A search warrant allows the officers to enter and search your home or office, whatever is specified in the warrant. An arrest warrant allows the officers to take the offender into custody AND search the area where the offender was located.
If the police have a legitimate search warrant for something you are completely innocent for but are searching through your place and find something else illegal that is completely irrelevant to the?
Anything illegal or crime related which is found during the good faith execution of a search warrant will leave you open to charges relating to what is found. However, it also depends on what is being searched for, and what is described on the warrant. For example, they are only able to look for items or evidence that are within the scope of the warrant, in locations where those items might reasonably be found. For example, if the warrant states that they are looking for a 600 pound elephant, it would not be reasonable to search your sock drawer, so theoretically any unrelated contraband found in the sock drawer could not be used against you because technically the sock drawer was outside of the scope of the warrant since it would be unreasonable for them to have found the elephant in the sock drawer. I am not an attorney, this is not my legal opinion, but it is a good general answer to your question.
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.
Is a search conducted under the assumption that the driver has a warrant that is later found to be invalid legal?
Yes it is. So long as the officer had no reason to believe it was an invalid warrant at thetime the search was conducted, it was legal.
Is a search warrant valid with the wrong address for drugs in Ga?
No, not unless the error was found and corrected by the issuing judge or magistrate BEFORE the warrant was executed. If the warrant was served at the wrong address, anything found and seized could be excluded as evidence.
Can a police officer search your home with a failure to appear warrant?
Generally speaking, not unless the warrant contained wording authorizing such a search.HOWEVER - if the officer entered your home to serve the warrant on you, he is entitled, to ensure his own safety, to search the immediate area around where you were found
The police cannot get a search warrant unless they have?
A good reason to believe evidece may be found
