A search warrant is required because of the high expectation of privacy in one’s home. Search Warrant Requirements . Although search warrants are needed before searching a home in most cases, police may not need one if there are exigent circumstances that require them to search the property immediately. The Fourth Amendment of the United States Constitution protects a person’s privacy and requires that law enforcement obtain a search warrant from the courts to avoid an improper search and seizure. We have therefore produced this basic guide to your rights if the police want to search your home or property – also available to download here (, 108 … If the warrant only authorizes officers to search your garage, they cannot enter your home, only your garage. Many searches occur without warrants. See generally G.S. Your permission to enter (and merely entering does NOT give them the right to search, only to enter). From drugs raids or searches of the homes of protesters accused of public order offences, Netpol’s partner groups are aware of widespread confusion about people’s legal rights if they are faced with a police raid. Once a warrant has been granted. An officer must obtain a search warrant for the search of the home to be legal because citizens have a presumptive right to privacy within their homes. This may seem like an incredibly broad answer, but the scope of any warrant is limited or expanded by the authorization contained within the warrant. So it would be like this. Without a warrant, Officer Joe walks into Chris' house and finds drugs and a scale on the kitchen table. If the address is wrong, the police don't have a search warrant. Yes. Officer Joe arrests Chris, but the judge throws out the evidence of the drugs and scale on the basis of the exclusionary rule. When a search warrant authorizes the search of a person, how intensive may the search be? 15A-241 (defining a search warrant as an order authorizing the search of “designated premises, vehicles, or persons”). Officer Joe suspects that Chris is selling drugs. When Search Warrants Aren't Required. ), the police are generally required to obtain a search warrant before entering a home. Once a warrant has been granted. But again, the police are going to need a warrant to search the rest of the house. This also ties in with the plain view exception. any premises occupied or owned by the person named on the search warrant; one premises on a number of occasions as stated in the search warrant; or; unlimited entries into the same premises. The police can search only the place described in a warrant and for only the property that the warrant describes. Indeed, valid consent allows them to search when they don’t have a warrant or any other basis to examine a home. If the cops have a warrant to search your house, they can look anywhere that the warrant permits them to look. Over the years, courts have defined a number of situations in which a search warrant isn't necessary, either because the search is reasonable under the circumstances or because, due to a lack of a reasonable expectation of privacy, the Fourth Amendment doesn't apply at all. If officers come by consent (relatively) honestly, the premises to be searched belong to the person granting consent, and the officers limit their search to the areas the consent giver agreed to, then any evidence they find will likely be admissible in court. When searching for evidence to convict someone of a crime such as drug possession, police officers may search someone’s home, vehicle or other belongings without a search warrant. And usually a search warrant only specifies to a certain location. A judge will issue a warrant if the police can show that it's reasonably likely that the search will turn up contraband or evidence of a crime. For example, if the police chase a person who has committed a crime into their house, arrest them, and see drugs in plain view, they can seize those drugs and charge the person with possession. Under US law, if the police have a legitimate warrant for one thing, and find other contraband while searching where the warrant permitted them to, the other contraband is admissible. They don't usually specify certain items. For example, say that police investigators suspect that you are involved in drug trafficking or selling drugs out of your home. For example, if the search warrant allows the police to search the bathroom of a home for illegal drugs , then the police should confine their search to the bathroom. any premises occupied or owned by the person named on the search warrant; one premises on a number of occasions as stated in the search warrant; or; unlimited entries into the same premises. Less often, a search warrant is for a person. They cannot search a house if the warrant specifies the backyard, nor can they search for weapons if the warrant specifies marijuana plants. While there are certain exceptions to this general rule (i.e., consent, exigent circumstances, search incident to lawful arrest, etc. A warrant to search, or to arrest you, signed by a judge. TOPEKA, Kan. (AP) — A divided Kansas Supreme Court has ruled that police can rely exclusively on their sense of smell to provide probable cause for a preliminary search of a home for marijuana without a warrant. If the warrant lists prescription drugs as the item to be seized, then the search can include any area in the specified place that can reasonably hold prescription drugs.

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