Drug Crimes, Substance Abuse Standard operating percidure and laws with search warrent?

[josephmorris74]

Is it standard operating procedure for police to not have you present while searching your residence? How to specific does the search warrant have to be? Do they have to state exactly what specific drug they're looking for? Do they have to have a house address on the search warrant? 3 hour investigation, from start to finish, Sound plosable to violate my 4th Amendment right, and obtain a search warrant? Could a change in evidence between the time they obtain the search warrant and the time they carry out the search warrent matter if that's the biggest peice of evidence to obtain the search warrent? if the source of information used for obtaining the search warrant is under the influence of a narcatic could that affect the reliability of the sourcesource? If the source didn't sign an affidavit stating that she bought narcotics from the subject would that be considered hearsay? during the investigation 2 police knocked on my door and asked me if a subject lived with me because he was on the run and wanted. from the start we we're angry, upset, and totally denied the allegations. After police carried out the search warrant the search warrant was left at our home and stated that i said he ''wasn't home at that time'' (which was a lie) Not to mention from the time the two police knocked on the door and asked and the time they carried out the search warrant was only 10 minutes apart. Is that enough time for police to get a signed search warrent and put it in motion? Are search warrants for a home electronic or done in person? If you could please help me out with these questions I would greatly appreciate it. Thank you for your time and resources.

 

[army judge]

I suggest you speak to, better yet, retain local counsel to discuss and address any issues you have with the search and/or the search warrant.

Nothing you describe, insofar as the service and execution of the search warrant seems unusual or odd.

But, you are free to discuss your concerns with a local attorney of your choosing, elected local and state officials, the police chief (or sheriff) of the agency serving the warrant and conducting the search.


Sent from my iPad3 using Tapatalk HD

 

[mightymoose]

Is it standard operating procedure for police to not have you present while searching your residence?

I wouldn't say it is standard, but it certainly isn't required. The warrant is their authorization to search. It doesn't matter if you are there.

How to specific does the search warrant have to be?

Specific enough to convince a judge they have probable cause to find what they are looking for at a particular location.

Do they have to state exactly what specific drug they're looking for?

No. They may not have even been searching for drugs to begin with, but if they have probable cause to believe they will find a particular drug they will likely name it as well as any commonly associated paraphernalia, precursors, etc.

Do they have to have a house address on the search warrant?

No, but it will usually be listed. All that is necessary is a description of the location so as to not confuse it with any other. Warrants usually include other geographical information as well as features of the structure and its orientation.

3 hour investigation, from start to finish, Sound plosable to violate my 4th Amendment right, and obtain a search warrant?

If they obtained a search warrant then they apparently had probable cause and your right to protection from unreasonable searches and seizures was not violated.

Could a change in evidence between the time they obtain the search warrant and the time they carry out the search warrent matter if that's the biggest peice of evidence to obtain the search warrent?

No. All that matters is that probable cause existed when they obtained the warrant. If circumstances change they may have to get another warrant for another location, but it doesn't invalidate a warrant already issued.

if the source of information used for obtaining the search warrant is under the influence of a narcatic could that affect the reliability of the sourcesource?

That is for a court to determine. Apparently the source was good enough for the judge to issue the warrant. You won't likely know the source for certain unless you go to trial. Chances are there was a controlled buy or something of the sort.

If the source didn't sign an affidavit stating that she bought narcotics from the subject would that be considered hearsay?

No. If a controlled buy took place it was monitored by police. Hearsay only applies to testimony in court.

during the investigation 2 police knocked on my door and asked me if a subject lived with me because he was on the run and wanted. from the start we we're angry, upset, and totally denied the allegations. After police carried out the search warrant the search warrant was left at our home and stated that i said he ''wasn't home at that time'' (which was a lie) Not to mention from the time the two police knocked on the door and asked and the time they carried out the search warrant was only 10 minutes apart. Is that enough time for police to get a signed search warrent and put it in motion?

Now it appears it may not have been a drug warrant at all, but possibly a Steagle warrant issued to search for a wanted person in somebody else's home. Perhaps they happened upon the drug evidence while searching for this person? Police apparently already had the warrant when officers knocked at the door. Since you turned them away they came back with the warrant.

Are search warrants for a home electronic or done in person?

There are a number of ways to obtain a warrant, including by telephone.

It seems that your incident is very recent and you do not have all the information. Your answers will come with time.

Lawyer up.