Careers: Police/search warrant

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Expert: - 11/27/2007


Question
Police obtained a search warrant for my daughter's house.  When she left the house, police did "routine traffic stop" at 11am.  Searched caar and person, found nothing.  Took cell phone and purse and daughter to police station.  At about 1pm, they did search of her home, (no one there) Found nothing.  Why not serve warrant while she was home?  Why wait and watch her leave to do it?  Stopping her on the streets in the morning and going to her house in the afternoon seems strange to me.  It seems they started the warrant search before serving the warrant.  12 people went to jail.  Nothing illegal was found.  How do search warrants really work.  Don't you have to be present?

Answer
Connie,

   Of course I cannot second guess the actions of police officers that I don't know or know a thing about the case and why they did what they did.  I would have to talk to them first and/or know the facts of the case and read the affidavit in support of the search warrant.

  There was definitely a reason for stopping her in the morning and serving the warrant in the afternoon.  Perhaps something had to be verified by the simple traffic stop but again that is pure speculation.

  When a police officer applies for a search warrant it is basically like writing a composition in school.  You write out the probable cause, spelling out the details of the crime, who is suspected of committing it, and what is believed to be concealed inside the house.  Then you present your affidavit to the judge who reads it and then signs it if he/she believes that there is probable cause to enter the house.  The owner/occupant certainly does not have to be present when a search warrant is served.  If that was true some search warrants would never be served because the suspect would simply not come home.

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Jack Toomey

Expertise

U.S.: I am an expert in this category for the purpose of giving young people an idea what the hiring process involves for the position of police officer. I am getting a flood of questions from young people who are being influenced by unrealistic television shows. I'd ask you to consider that when you watch police shows on television that they are NOT realistic and most of what you see does not happen in real life. Please do not ask me about potential jail sentences that you, your friends, or family might receive in court. There is no way for me to know that. I am NOT a probation officer so I cannot answer questions about probation and parole matters. I am a retired police officer with 26 years experience.I worked in a variety of assignments including investigations, homicide, sex crimes, runaway investigations, missing persons, and fraud.I also dealt with the general public during that time giving a wide range of advice on matters such as domestic disputes, problem solving, teenage problems, civil/criminal matters, and dealing with the mentally ill. I am available to give sound and reasonable advice which can solve most problems. Please do not ask me to do homework questions or online interviews. Young people should not rely on the Internet for interviews. Local police officers are normally very agreeable to assist students with interviews and surveys.

Experience

Worked as a police officer/detective for 26 years.

Graduate of the University of Maryland.B.S. in Law Enforcement.Attended numerous schools and training courses involving investigations, interviewing, interrogations, crime detection, domestic violence, and others. Recognized in court as an expert witness.

Received numerous awards during my police career for expert investigations. Handled the most sensitive and confidential investigations. In 1999 I won an award for my work with high school students while working in my new career in a large suburban high school.

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