in a raid, when they have a warrent to search the home, do they need a seperate warrant to search a safe

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in a raid, when they have a warrent to search the home, do they need a seperate warrant to search a safe

In a raid, do they need a separate warrant to search someone’s locked safe

Asked on November 10, 2017 under Criminal Law, Washington

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

They do not need a separate warrant if the safe is part of the home, or even if it is not attached/affixed (i.e. could be moved) belongs to the homeowner. A warrant to search a home includes a warrant to search any enclosures within the home, even if closed or locked (e.g. desk drawers, closets, or safes). If the safe is not attached to the home and could be shown to belong to someone other than the homeowner (i.e. a guest brought a small safe with him/her, such as a small gun safe for any guns he/she had), then there might be grounds for not searching it.


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