does a search warrant have to state the probable cause or reason, at the time of search?

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does a search warrant have to state the probable cause or reason, at the time of search?

Asked on June 21, 2009 under Criminal Law, California

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

I'm not a California lawyer, so I don't know the details of procedure in your state.  But in most states, the probable cause is presented to a judge in a signed and sworn affidavit, which is a separate document.

What the warrant does have to state is the place or places to be searched, and what it is that the search is looking for, whether it's a fugitive, stolen goods, evidence of a crime, whatever.

At the same time, if the police are in a place while executing a warrant, and they see something else illegal either in plain view or in a place that the target of the search could reasonably have been, they can seize that and look for more of it.

If questions about an actual search warrant or its execution are important to you, reliable advice depends on a review of all of the facts of your case.  One place to find an attorney near you is our website, http://attorneypages.com


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