Can a search warrant of a home be executedbut not given to the resident when requested?
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Can a search warrant of a home be executedbut not given to the resident when requested?
My home was issued a search warrant. I was never given a copy of the search warrant, despite requesting it numerous times. I never did receive it but found a photocopy on my kitchen counter later that evening.
Asked on April 12, 2011 under Criminal Law, Arizona
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
As a general rule, there is no legal requirement that the police show you a copy of a search warrant at the time that it is executed (you do have a right to see it subsequently). In fact often they are obtained over the phone from an "on-call" judge. As a consequence, the actual warrant itself may not be physically available to present. However, if the police have it at the scene, an officer may show the face page to avoid any confrontations or to convince a person that there is in fact warrant (even though they're not legally required to do so).
That having been said, the law surrounding search warrants is quite technical - was it validly issued in the first place; was the execution procedurally correct; etc. If you have any questions surrounding this search, you really need to consult directly with a criminal law attorney.
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