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A search warrant is not a license to destroy anything for the sake of destroying it. However, if the search warrant lists items that can be concealed inside walls, sofa cushions, mattresses, etc., the officers executing the warrant might be justified in breaking or cutting into these areas to find the evidence.
Law enforcement officers are required to act reasonably in all circumstances. If property is destroyed during a search, the property owner is free to make a claim to recover any damages. The court examining the claim will determine if the actions causing the damage or destruction were warranted. For instance, unless the police had a reason to believe evidence was concealed in a sofa cushion, or other places of concealment were searched and ruled out, it would probably be unreasonable to slash open cushions.
Part of this "reasonableness" is also using the least harmful method of searching any container. For instance, it would not be reasonable to break open the case of a computer to search inside if the case could be readily opened by removing a few screws.
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∙ 13y ago
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Can the police use the threat of shooting your dogs to get consent to search your home?
I'm not sure I understand the question. The police are prohibited from making warrantless, non consenual searches. If you consent to let the police search your home, why would they want to shoot your dogs? Why wouldn't you restrain your dogs if you were allowing the police to search? If the police have a warrant to search the premises, they are absolutely authorized to destroy the dogs during the execution of the warrant, if necessary.
Can police issue a new search warrant while exacuting a search warrant?
Ive heard of police with a search warrant finding something non-related to the search warrant, and then issuing a new search warrant on the spot regarding the new issue.
Even though there is a search warrant can police search a home in South Dakota if no one's been in the home to receive the warrant?
Yes. The police can search any items if they have a warrant. It does not matter that no one is there to receive the warrant. The police only have to leave a copy of the warrant at the residence.
What word means a court order allowing police to search property and seize evidence?
A Search Warrant
Can a minor give police officer the right to search their residence with a warrant?
There is no consent needed from anybody when there is a valid search warrant in play. The court gives the police the right to search by granting the search warrant.
Can the police search the premises without first showing a search warrant?
Yes, the officer may search. Police may search a building if they reasonably believe a valid search warrant has been issued. They do not have to possess the search warrant.
Can police search a home with a summary arrest warrant?
Technically they cant unless they have a search warrant not an arrest warrant.
How do you use search warrant in a sentence?
The police got a search warrent in order to search the suspect's house. The suspect would not allow the police to search his home without a search warrant.
Can you ask the police to do a free warrant search on someone other than yourself?
I heard that you can ask the police to do a free warrant search on you at any time. Can you ask them to do a free warrant search on someone else?
Can police seize property without a warrant?
No they can't. If they try to use it in court it would be immiscible.
If the police have a search warrant Is it legal for the police to search your home if you are not there?
Yes, you are not necessarily required to be present.
What is a court order allowing an individual or his or her property to be searched or siezed is called?
When police officers have a court order to search a home or a person, it is called a search warrant. If a police officer has reasonable suspicions, then they can search a person without a search warrant.
