QUESTION
Is it illegal for a cop to break into a locked safe during a search if the locked safe is not on the warrant?
Asked on Nov 15th, 2012 on Criminal Law - Michigan
More details to this question:
I got a ticket for paraphernalia from a locked safe that the cops broke into.
6 ANSWERS
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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I would have to see the warrant.
Answered on Apr 30th, 2013 at 11:29 PM
Dennis P. Mikko
What an officer can search for with a warrant is spelled out in the warrant. If the items to be searched for could be contained within the locked safe, the officer could open the safe to search. If the officer went beyound the scope of the warrant, a motion to quash may be in order.
Answered on Nov 16th, 2012 at 3:43 PM
Michael J. Breczinski
If the locked safe is part of the area that is on the search warrant and could contain items listed on the search warrant then it is legal.
Answered on Nov 16th, 2012 at 3:42 PM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. The short answer is that it depends on the search warrant. I strongly suggest that you contact an experienced criminal defense attorney for a face-to-face consultation and give him/her all of the facts surrounding your situation. He/she would then be in a better position to analyze your case and advise you of your options.
Answered on Nov 15th, 2012 at 10:15 PM
Criminal Defense Attorney serving Orange, CA
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Law Office of Joe Dane
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The officers can look anywhere the item may reasonably be found, including in locked containers. If their warrant was for drugs, they could look anywhere drugs could be found. If they had a warrant for a stolen washing machine, they couldn't justify opening a small safe where there is no reasonable possibility of a washing machine being found.
Answered on Nov 15th, 2012 at 10:14 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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The question is a little bit more complex. If the warrant was allowing the police to look for items which would commonly be found or be secreted in the safe, then it was most probably a little search and the fact that you refuse or could not open the safe and they broke into it is irrelevant.
Answered on Nov 15th, 2012 at 9:11 PM