QUESTION
Can police show a search warrant after they search the house?
Asked on Oct 01st, 2011 on Criminal Law - Colorado
More details to this question:
If the police come to your house at 12 pm on a drug bust, but don't execute a search warrant until 12:52pm, how can that not be illegaL search and seizure?
17 ANSWERS
You should sit down with a local criminal attorney to find out all the facts about the case and the search warrant.
Answered on Jun 19th, 2013 at 8:46 PM
Transportation Attorney serving Mamaroneck, NY
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Palumbo & Associates, PC
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Yes.
Answered on Jun 03rd, 2013 at 1:45 AM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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I assume that the judge authorized the warrant prior to them showing up at the house. If the warrant was issued then the officers are ok.
Answered on Oct 28th, 2011 at 1:21 PM
Jacob P. Sartz
I'd recommend you retain or request an attorney to assist you with this matter. This answer does not contain specific legal advice. If you need specific legal advice for your particular circumstances, you should consult privately with an attorney. Whether a search is legal is ultimately a question for a judge, after reviewing a properly filed motion to suppress by the defense, and argued before a hearing. If there are issues with a search, that is way to seek relief; by attempting to suppress admission of the seized evidence.
Answered on Oct 06th, 2011 at 1:32 PM
3 Awards
Search and seizure is very technical. It doesn't sound legal, but NARC officers are the biggest liars in the court house. Hire yourself an experience drug attorney in your area.
Answered on Oct 05th, 2011 at 11:35 PM
Michael J. Breczinski
They can sometimes wait outside a place while someone gets a warrant or maybe they already have a warrant and show it later. These can be legal. It depends on the circumstances.
Answered on Oct 05th, 2011 at 11:34 PM
There are circumstances where the police do not need a warrant to enter a home. If that is the case here, they could have entered legally and then got a search warrant to search the entire house. It depends on the actual facts of the case. Certainly a motion to suppress the evidence needs to be considered and investigated.
Answered on Oct 05th, 2011 at 11:33 PM
Drunk Driving Attorney serving Spencer, MA
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Law Office of Ernest T. Biando LLC
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The Police have to show you the warrant at the time of entry unless exigent circumstances does not allow it to be shown.
Answered on Oct 05th, 2011 at 11:33 PM
Appellate Practice Attorney serving Clinton Township, MI
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Thomas J. Tomko, Attorney at Law
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If the search was prior to the warrant, then there must be some other justification of the officers being present. Exigent circumstances, chasing a fleeing felon, consent, or some other reason may be given. If, after entering, a warrant was obtained to further search, then the search may be constitutional. However, it may be defective if proper procedure was not followed. You should hire an attorney to review the specific facts in your case to get a better response to your question.
Answered on Oct 05th, 2011 at 5:41 PM
Civil Litigation Attorney serving Kansas City, MO
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The Unger Law Firm LLC
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Under normal conditions, the warrant must be active at the time the search is initiated. Under some conditions it is possible to search a house without a warrant, and also possible to search a house without first displaying the warrant to the residents of the home before executing the search. I would recommend that you discuss the specific details of the search with an experienced criminal defense attorney to determine whether the search was properly conducted. If it was not, any evidence obtained as the result of a bad search is inadmissible.
Answered on Oct 05th, 2011 at 5:41 PM
All criminal cases are fact driven. What you should do is based on the facts of your case. If the police had a warrant and did not show it to you until after the search or during the search then it was legal. If the warrant was not signed by a judge until the search as in process you may have a defense.
Answered on Oct 05th, 2011 at 2:14 PM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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Are you saying that the police had a valid search warrant but did not show it to you until after the search was completed? I'm just a little confused by your question. The police have to have a search warrant to search your house unless a warrant exception exists or you give them permission. They are supposed to knock and announce their presence before they enter, even if they have a search warrant. If you are in doubt, have an attorney review the police report and the search warrant and the affidavit to obtain the search warrant. If they didn't find anything incriminating or anything that led to you being charged with a crime, there really isn't any harm.
Answered on Oct 05th, 2011 at 2:02 PM
Criminal Defense Attorney serving Orange, CA
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Law Office of Joe Dane
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For a search pursuant to a warrant to be valid, there must be a warrant issued before the search (with a couple of exceptions). They are not required to show the warrant at the time of the search, however. Search warrants have several technical issues that can lead to an attack on the warrant and any evidence gathered as a result of the search, but your lawyer is going to have to examine the warrant, reports and supporting documents for a full analysis.
Answered on Oct 05th, 2011 at 1:57 PM
Drug Charges Attorney serving Houston, TX
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Cynthia Henley
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The police can come to a house, enter for one reason legally but develop another reason to search so they have to get another or a search warrant.
Answered on Oct 05th, 2011 at 1:46 PM
Criminal Law Attorney serving Oakland, CA
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Dennis Roberts A Professional Corporation
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What do you mean by"execute" - that they only showed you the warrant then or that the warrant was dated then. If they only showed it to you then, so what. If it was executed after the search get a lawyer.
Answered on Oct 05th, 2011 at 1:40 PM
It can if they had probable cause to do the drug bust to begin with. With probable cause, no warrant is needed.
Answered on Oct 05th, 2011 at 1:31 PM
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So long as their actions were legal, it is ok for example if the police get everyone out and freeze the situation while they wait for a warrant, it is likely OK. SW issues are very complex, so you need a lawyer that knows the law.
Answered on Oct 05th, 2011 at 1:19 PM