During a warranted property search, can police use a next door neighbor’s driveway?

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During a warranted property search, can police use a next door neighbor’s driveway?

They did not ask permisson and there are numerous no trespassing signs in plain sight the drive ways property was not listed in the

warrant as it is another area completely and has no relation to the property for which the warrant was carried out. Is it legal for

them to use another property without permission which clearly states no trespassing to carry out a warrant search on a unrelated

property or should permission have been given.

Asked on January 12, 2018 under Criminal Law, North Carolina

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

So long as the search was legal, that means it was performed within the scope of the warrant, then it was legal. Whether or not the police had the legal right to use your neighbor's driveway it a matter for your neighbor to pursue if they choose; it has no bearing on you or the search that was conducted.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Whether or not the other property owner may have grounds to complain and possibly seek redress has no bearng whatsoever on the validity of a warrant: how the police get to the location to be searched does not affect whether the search was legal. As long as the search was done within the parameters of the warrant, and the warrant was properly obtained, the search is legal and anything found during it is admissible as evidence.


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