Does some one have to be present when police search a safety deposit box?

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Does some one have to be present when police search a safety deposit box?

And do they have to leave itemized statement of contents taken?

Asked on August 27, 2011 Michigan

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If there is a search warrant for the searching of a safe deposit box at a financial institution, the financial institution is served with the search warrant as well as the person who owns the safe deposit box.

A representative of the financial institution as well as the owner (or owner's representative) of the safe deposit box which is being searched is entitled to be present when the safe deposit box is being searched by law enforcement.

As part of the search, law enforcement is required to inventory the the contents of the safe deposit box as a whole and set forth a list of what is taken from the box into police cusrtody. The financial institution and the owner of the safe deposit box are then given a list of what was in the box and what was taken.


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