Crimminal Justice experts..

3peet · Oct 7, 2014

Question. If the police have a warrant a (but the owner of the home isn't home) is it ok for the police to enter the property? Things were taken from the home. The police entered through the rear sliding door of the home. They took things (evidence) and left a note.

Is this acceptable?

texansfan · Oct 7, 2014

Of course they can, that's what the warrant is for. They don't need to ask permission or to have anyone there, the warrant itself gives them authority to enter the home. I'm sure they left behind a copy of the warrant for the owner of the residence..

JohnnyMac · Oct 7, 2014

Search warrant, yes they can enter. Arrest warrant, no.

texansfan · Oct 7, 2014

JohnnyMac said:
Search warrant, yes they can enter. Arrest warrant, no.

Correct, they may only enter the home if they have probable cause to believe the person is inside of the residence in regards to an arrest warrant. They just can't enter the home hoping that person is inside.

3peet · Oct 7, 2014

They did leave an "unsigned" copy of the warrant and a list of items that were taken. So a search warrant, "yes" they can enter?

texansfan · Oct 7, 2014

3peet said:
They did leave an "unsigned" copy of the warrant and a list of items that were taken. So a search warrant, "yes" they can enter?

Unsigned? Are you saying it wasn't signed by a judge?

texansfan · Oct 7, 2014

I can't believe they would search a house without a valid warrant, what would be the point? Any evidence obtained using an invalid warrant would be inadmissible in court.

texansfan · Oct 7, 2014

A warrant should be signed, dated, and have the correct address on it. A warrant is only good for a specific amount of time.

Seymour · Oct 7, 2014

Um, this is the entire purpose of a search warrant - it's not to tell u they are coming so they can make sure u get rid of all the evidence - u think they were gonna knock on the door and wait 20 mins for u to flush the flake down the toilet?

Seymour · Oct 7, 2014

texansfan said:
Unsigned? Are you saying it wasn't signed by a judge?

Police are well aware of what they can and can't do - there is no way they went into someone's home where there was no problem - searched the place - took shit - and then left a note saying they did it - unless they had a valid search warrant

texansfan · Oct 7, 2014

Seymour said:
Police are well aware of what they can and can't do - there is no way they went into someone's home where there was no problem - searched the place - took shit - and then left a note saying they did it - unless they had a valid search warrant

That's why I was asking. I've never served a warrant without a signature.

3peet · Oct 7, 2014

Yes the warrant is unsigned. It is also missing the stamp or seal that makes the document official. Is that legitimate? Or is it because perhaps the police keep the official one?

texansfan · Oct 7, 2014

Seymour said:
Police are well aware of what they can and can't do - there is no way they went into someone's home where there was no problem - searched the place - took shit - and then left a note saying they did it - unless they had a valid search warrant

If this was only true all of the time. Plenty of cases where police do something illegal, happens all the time.

texansfan · Oct 7, 2014

3peet said:
Yes the warrant is unsigned. It is also missing the stamp or seal that makes the document official. Is that legitimate? Or is it because perhaps the police keep the official one?

It's up to the court to decide if it's good or not. In this scenario I doubt they would perform an illegal search, what would be the point if they were going to file charges? Of course police do illegal stuff, but in most cases they do it right. If the person feels it was an illegal search then hire an attorney.

Seymour · Oct 7, 2014

3 Peet, u can dig into things but I am certain a judge signed the warrant - straight and narrow in the future - then no one is coming in without ur express permission

Seymour · Oct 7, 2014

texansfan said:
If this was only true all of the time. Plenty of cases where police do something illegal, happens all the time.

Trust me - I trust police as much as the residents of Ferguson do - but there is no way the police leave a letter saying they just violated someones 4th Amendment rights

3peet · Oct 7, 2014

Well I'm with you, I would think the police wouldn't be sloppy or leave an unsigned search warrant. That means (1) the evidence is inadmissible and (2) why f'ing bother? I'm that on the court date the police will provide the actual signed warrant and stand behind that one.

texansfan · Oct 7, 2014

Seymour said:
3 Peet, u can dig into things but I am certain a judge signed the warrant - straight and narrow in the future - then no one is coming in without ur express permission

Agree Seymour. The problem with internet questions is that a lot of things get left out. Like I said, what would be the point in illegally searching a residence, collecting and taking evidence, only to have it thrown out in court? Makes no sense.

texansfan · Oct 7, 2014

Seymour said:
Trust me - I trust police and much as the residents of Ferguson do - but there is no way the police leave a letter saying they just violated someones 4th Amendment rights

Again, I agree with you.

Seymour · Oct 7, 2014

3Peet, if the police performed an illegal search of ur home - anything that was taken is inadmissible against u - so if they took the murder weapon - then the jury would never get to see the murder weapon

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