QUESTION

i towed a car to my residence and found out by lawenforcement it had been stolen. can they search the rest of my property?they already had the car

Asked on Jun 26th, 2011 on Criminal Law - Minnesota
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i towed a car to my residence and found out by lawenforcement it had been stolen. can they search the rest of my property?they already had the car
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1 ANSWER

Assault and Battery Attorney serving Woodbury, MN at Conard Nelson Schaffer
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As I understand the question, you towed a car to your property which you later discovered was stolen.  I understand that the police also searched the rest of your property.  I also assume that you had a legal basis to pick up and tow the automobile in the first place. In order to search your residence, the police either need a warrant, or they need probable cause plus exigent circumstances.  Probable cause means that a normally cautious person would have harbored a belief that your property contained proceeds from, evidence of, or tools used to commit crime.  Generally speaking this is not enough to enable the police to come to your residence and search, they must first go get a warrant.  More on that in a moment.  If the police are facing an emergency situation and have probable cause, they can search without a warrant. When the police go to get a warrant, they must provide sworn testimony to a neutral judge or magistrate.  The testimony must establish facts, to the satisfaction of the judge that probable cause exists.  Such testimony is almost always a written affidavit.  The judge will then issue the warrant, and the police must restrict their search to the limits set within the warrant. In Minnesota, you can fight the admission of evidence obtained by a warrant search by collaterally attacking the probable cause determination, or if there were reckless false statements made by the officers within the affidavit. This is a common issue, and usually arise in drug cases or theft cases where the police have used a warrant within their investigation.  Occasionally, an improper warrant, or improperly executed warrant may lead to a misconduct case against the police, but that is rare.
Answered on Sep 05th, 2011 at 6:19 PM

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