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

UPDATED: Aug 27, 2011

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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


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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