Criminal Law/Search Warrants

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Expert: - 7/22/2009


Question
QUESTION: Does a search warrant have to be specific in regards to items being searched for?  Does the one being searched have to be notified why they are being searched on the warrant or is spoken word enough?
Thanks for your time and help.


ANSWER: Ken,

In the affidavit that is written by the police officer he needs to write certain things and one of them is the description of the property that is being sought.  That does not mean that the police cannot seize other things.  For example if the police are looking for jewelry stolen in a burglary and they see five kilos of heroin they would be negligent for not seizing the heroin.

There is no need to inform the property owner.  The search warrant is sufficient.  However I have never heard of a police officer who eventually did not sit down with the property owner and briefly inform him why the police were there.  Is that what you are asking?  If not use the follow-up feature.

---------- FOLLOW-UP ----------

QUESTION: Can the police enter a home without probable cause without the permission of the residence and without a search warrant?  And then what constitutes probable cause?
Once again, thanks for your time and knowledge.

Answer
Ok that is a completely different question.

The police can enter a house without a search warrant in certain circumstances.  Two of them are when they are in hot pursuit of a criminal and another is the "hue and cry" rule when an officer hears screaming or a disturbance and feels that someone is being assaulted.  There are other situations also.

Probable cause is very simple.  It is defined as what a "reasonable man" would believe.  It is not necessarily enough for a conviction but enough proof that a reasonable man would believe that a crime has been committed, that Mr "X" committed it, or that stolen property is concealed inside a certain house.

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Jack Toomey

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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. Only a judge could answer a question like that. I am also NOT a probation officer or parole officer so I cannot answer questions that relate to parole or probation. Also please keep in mind that every state has different laws. If you are planning to ask a question about a specific law or criminal charge that pertains to your state only it could be difficult to answer. I also cannot give you legal advice on what to do or what not to do in court. Retired police officer with 26 years experience. Worked in the patrol division as well as over 14 years in the detective bureau. Investigated a wide range of crime such as murder, rape, robbery, theft, fraud, missing persons, and other very sensitive crimes. I am available to answer your questions about criminal law and especially as it applies to police work. I taught at the police academy for several years and am especially knowledgeable about search and seizure. Any question about criminal law is welcome! Please don't ask me to do your homework or ask me questions that obviously come from your teachers or professors. I also do not do online interviews or surveys. Young people need to gain face to face interviewing skills. Local police officers usually are very agreeable to assist in these assignments.

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I am a retired police officer with 26 years experience. I investigated almost every type of crime including murder, rape, theft, missing persons, fraud, and domestic abuse. I am very knowledgeable about search and seizure and taught at the police academy for several years on a variety of subjects. I can answer questions that a lot of attorneys cannot since they do not have "street experience".

Education/Credentials
Bachelor of Science degree in Criminolgy from the University of Maryland.

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