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Why should you read a search warrant carefully?

On Behalf of | Nov 11, 2024 | Criminal Defense

If the police turn up at your door with a search warrant, you may just assume you have to let them in to do as they please. This, is not true, however. While you probably do need to let them in, the first thing you should do is ask to read the warrant they say they have. You don’t even need to open the door to do this.  You can ask the officer to hold it up to the window or put it under the door. 

Firstly, you need to make sure they really do have one and they are not just bluffing. But why else is reading it so important?

You need to check it is valid

Wrong address on the warrant? Tell them to go away. Wrong name on the warrant? Tell them to go away. If the details on the warrant are incorrect, then the officers do not have the right to enter. The same applies if the warrant has expired.

You need to check its scope

Search warrants are not limitless. They do not give the police the power to do what they want or go where they want. They might be limited to a certain part of the house, such as your barn. If that is the case, then they have no right to enter any other building not mentioned in the warrant.

Knowing what to do can be difficult when the police are at your door. Telling them to wait while you call for legal guidance may be advisable. 

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