Can the police break open a safe with warrant of search and seizure of the address?

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Can the police break open a safe with warrant of search and seizure of the address?

Also, they did not provide the affidavit attached. They were just looking for anything they could find.

Asked on June 11, 2015 under Criminal Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

The fact that the supporting affidavit is not attached to the warrant when the warrant is executed does not itself invalidate the warrant, though, of course, there had to exist good cause for the warrant and a sufficient evidentiary basis to support it, and if it turns out there was not, the wararnt my later be challenged on that ground. As to whether they could open the safe or not, that depends on the terms of the warrant; if the text of the warrant authorized or would support them doing this, then they could.


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