Is it legal for the cops to raid a house if there’s no specific name on the search warrant?

Also, they didn’t serve the unwarrant until it was all over?

Asked on January 28, 2013 under Criminal Law, Idaho

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

It is preferable that the cops have a specific name on a warrant, but that is not always possible.  Sometimes they only have a general, limited description because their information is limited.  Either way is permitted:  specific or general.

As far as the service of the warrant.... as long as they had a valid, signed warrant, they can enter the house to be searched.  After the search is when most agencies will leave a copy of the return or warrant with the occupant after they are done.  It will not make a search illegal if they served or handed over the warrant to the homeowner right before they were to leave.  The main thing is that they had a valid, signed warrant before they entered the house. 


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