QUESTION
Is it legal to have a search warrant in two different places?
Asked on Sep 11th, 2011 on Criminal Law - Colorado
More details to this question:
The fourth amendment for the Constitution states no warrant shall issue but upon probable cause supported by oath or affirmation and particularly describing the "place" to be searched and the persons or things to be seized. Is a search warrant legal if there are two different places, in two different counties on one search warrant?
11 ANSWERS
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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I'm not 100% sure, but I think yes.
Answered on Jun 25th, 2013 at 1:15 AM
If the warrant is supported by probable cause for each location, yes.
Answered on Jun 25th, 2013 at 1:10 AM
Drunk Driving Attorney serving Spencer, MA
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Law Office of Ernest T. Biando LLC
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Depends-if its a federal case-yes as it would have been issued by a federal Judge. If a state then the court with jurisdiction has to issue the warrant but I don't know all the details of the case so I cant say for sure.
Answered on Sep 14th, 2011 at 1:58 PM
Appellate Practice Attorney serving Clinton Township, MI
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Thomas J. Tomko, Attorney at Law
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Yes, this is possible, however, it should be reviewed by your attorney I hope that this was helpful.
Answered on Sep 14th, 2011 at 12:15 PM
Daniel Kieth Martin
As long as the warrant's description section is sufficiently descriptive then yes it is legal for a warrant to describe more than one location or address and yes it can be out of the county. The only requirement is that it is within the same state.
Answered on Sep 13th, 2011 at 8:45 AM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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If the certification for probable cause that is presented to the judge as the basis for the issuance of the warrant, provides sufficient information for the issuance of the warrant, then . yes.
Answered on Sep 13th, 2011 at 8:04 AM
Immigration Attorney serving Las Vegas, NV
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Reza Athari & Associates, PLLC
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It is unlikely that a warrant would be invalid based on the fact that it included two addresses. To be valid, a warrant requires a signature by a magistrate, probable cause etc., and the police officers cannot search an address outside of the warrant. However; the fact that two addresses are involved does not interfere with the purpose of the Fourth Amendment, which is to protect citizens' reasonable expectation of privacy.
Answered on Sep 12th, 2011 at 3:23 PM
Gary Moore
Why not? A Superior Court judge has statewide jurisdiction. I have the feeling that you are focusing on the wrong aspect of the search warrant and there is another aspect which is more likely to bear fruit. Talk to an experienced and skilled criminal trial attorney.
Answered on Sep 12th, 2011 at 3:01 PM
Yes. IF the warrant lists BOTH of the places and ALL of the items suggested to be relevant to a crime to be found at each site. Generally if the police are seeking warrants to search two locations they would submit two different warrant affidavits. That doesn't mean requesting two in one document is "illegal". Just not usual. It can cause great confusion however and may open the door to an excellent challenge of the constitutionality of that warrant.
Answered on Sep 12th, 2011 at 2:43 PM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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There must be probable cause for each location listed on a warrant. As long as there is probable cause, a warrant can have multiple places to search. However, only a judge in the particular county of the location should have authority to issue a warrant absent some exigent and urgent situation. If the warrant is a federal one issued by a federal judge, then it could have multiple counties listed. If in doubt, have an experienced criminal attorney review the warrant.
Answered on Sep 12th, 2011 at 2:26 PM
If the grounds demonstrate probable cause for each place, an application for a search warrant and a warrant can specify two places to be searched.
Answered on Sep 12th, 2011 at 2:26 PM