Cop / legal question

[Alpo]

The police think that I'm a criminal, and wish to search my domicile.

 

They get a warrant.

 

Do they have to serve it on someone - they can't come into the place unless someone lets them in and sees the warrant?

 

Or can they go busting through the door when there's nobody home and search merrily away because they have that piece of paper in their pocket?

 

TV show. The cops waited until the suspected criminal has left the house, then they picked the lock on the door and went in and searched. They must have had a warrant, otherwise anything they found would be inadmissible.

 

But (based solely on watching many many many many many TV cop shows, since I have almost no actual police interaction to judge by) the TV cops always served the search warrant. "Your wife let us in." "Your maid was very cooperative when we served the warrant." That kind of thing.

[Sarge]

No, you do not have to be home.  There is a requirement to "Knock and announce."  If they picked the lock, that was a lot nicer than we were.  If the crime was violent, suspect had a past violent record or if weapons were known to be in the house, a heavily armed contingent of officers broke the door with a sledge hammer or a door breaching ram.

[Marshal Chance Morgun]

What Sarge said. Plus the warrant must state what they are looking for, and they can only look in reasonable places for it. Example: a 75" TV is stolen. They can't look in dress drawers for it.

[Utah Bob #35998]

They will leave a copy of the warrant and a nice note...with a smiley face.

[Smoken D]

With a warrant can go in anytime within 10 days of issue. Also not only copy of the warrant left at premises, a copy receipt listing items obtained must also be left. This is in Missouri, don't know about other states if they are different.

[MAYOBARD SASS #13025L]

We would also leave a county loss claim form for the damage to your door.

[Alpo]

Another question, again based on a television show.

 

The Closer. The cops show up at the house and say they would like to search. The wife says, "sure knock yourself out".

 

They've just got started when the husband gets home. WHAT THE HELL ARE YOU DOING IN MY HOUSE??

 

"Your wife gave us permission to search."

 

WELL I REVOKE IT. GET THE HELL OUT OF HERE.

 

So they all leave, and stand on the sidewalk in front of the house, while the Chief calls back to the station for a warrant. They wait for a while, and then she gets a phone call that says that yes, they now have a warrant.

 

And they all turn around and go back in and search the house.

 

And I thought, NOW WAIT A MINUTE. DON'T THEY HAVE TO HAVE THAT PIECE OF PAPER IN THEIR HAND?

 

Cop comes to my door and says he has a warrant to search my house, and I'm gonna wanna see it. Not be told about it on the telephone. SEE it.

 

[Utah Bob #35998]

No. You don't have to be shown the warrant. You will get a copy but there is no legal requiement to show it to you after the judge signs it and it's legal. As mentioned, you don't even have to be there. You have no right to refuse submit to the search. The judge has already granted that right to the police.

[Sarge]

4 hours ago, Alpo said:

Another question, again based on a television show.

 

The Closer. The cops show up at the house and say they would like to search. The wife says, "sure knock yourself out".

 

They've just got started when the husband gets home. WHAT THE HELL ARE YOU DOING IN MY HOUSE??

 

"Your wife gave us permission to search."

 

WELL I REVOKE IT. GET THE HELL OUT OF HERE.

 

So they all leave, and stand on the sidewalk in front of the house, while the Chief calls back to the station for a warrant. They wait for a while, and then she gets a phone call that says that yes, they now have a warrant.

 

And they all turn around and go back in and search the house.

 

And I thought, NOW WAIT A MINUTE. DON'T THEY HAVE TO HAVE THAT PIECE OF PAPER IN THEIR HAND?

 

Cop comes to my door and says he has a warrant to search my house, and I'm gonna wanna see it. Not be told about it on the telephone. SEE it.

 

A Search Warrant basically has three parts.  Some may say four.  First is the Affidavit.  The Affidavit is a list of facts which the officers are providing the court which they believe contain sufficient probable cause for the court to authorize a Search Warrant.  You won't see the Affidavit until your attorney gets involved.  Even then, the court can order the Affidavit sealed to protect various participants. Second is the Court Order.  Signed by a Judge, the Court Order gives the location to be searched and what officers can search for.  If you are not an a$$ the officer may show you the order.  Finally the Return.  The Return is a list of all of the items seized by the officers.  A copy of the return will either be given to the resident of the location or posted in a conspicuous spot.  The Order and Return are filed with the Court within a reasonable time period after the service of the Court Order.