Search Result: Search Warrants

A fleeting targets search may be made at any time and any place where you have lawful access and PC.

When you make a search of premises under authority of a search warrant, it is generally permissible to detain the occupants pending completion of the search. The authority to do so, and the rationale supporting detention, were limited by a 2013 decision.

As previous "Point of Law" articles have discussed, there are four—and only four—legal justifications for entering private premises. For several reasons, the preferred authority for entry is a judicial warrant.

The general rule-of-thumb is to try to get a warrant whenever possible. On the other hand, if you can seize evidence without engaging in a search, you don't need either a warrant or any exception.

There are four ways to make a lawful entry into a private home. Notice that "entry incident to outdoors arrest" is not on the list of lawful ways to get inside a residence. In three separate cases, the U.S. Supreme Court has held such entries to be unconstitutional.

A search conducted under a valid search warrant can still violate the Fourth Amendment if it is conducted in an unreasonable manner. "It is incumbent upon the officer executing a search warrant to ensure the search is lawfully authorized and lawfully conducted." (Groh v. Ramirez)

Never mind the headlines and the editorials proclaiming that the Supreme Court did away with the knock-and-announce requirement for execution of search warrants in the recent case of Hudson v. Michigan. The court did no such thing.

Any law enforcement entry into private premises, including a residence, or an office or other commercial area that is not open to the public, is governed by the Fourth Amendment. Officers may make lawful entry only in four ways, and the consequences of unlawful entry can include suppression of evidence and civil liability.

Can you get a search warrant in advance that will authorize you to enter and search for the suspected items once the designated time arrives or the triggering event occurs? According to a 2006 U.S. Supreme Court decision, the answer is, yes.

Most officers are aware of the general rule on entering a suspect's home to arrest him or to search for evidence. These actions must be supported by either valid consent or a recognized exigency.