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Search warrant for an address and all building's

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rcupp05

Junior Member
Does a sesrch warrant suppose to stop once the terms of the warrant are in custidy

Can police search me or my vehicle if i pull into a driveway after the police already have arrested the person and all objects used to sell a drug, which the search warrant states clearly. Isnt a search warrant over once the terms of it are met? Shouldnt the only reason they could search me or my car, would be to look for weapons to maintain there safety and anything found could not be used in court?
 


justalayman

Senior Member
The state matters


So do the specifics of the incident. If you are speaking about a search with an actual warrsnt issued, it will name the place to be searched. The entirety of the subject can be searched if looking for something like drugs or paraphernalia. If the warrant was for a specific item (like some specific piece of jewelry), then once it is recovered the warrant is no longer in affect.

If they were searching a car due to involvement in a drug deal, since there is not specific item sought but any drug related item, they can search the entirety of the vehicle. How would they know they found all items involved in the crime alleged?

If the car was impounded they can perform an inventory search incident to the arrest.
 

rcupp05

Junior Member
The search warrant was for meth and any items used to distribute along with the one persons name. It was his dads property and home
 

justalayman

Senior Member
Me and my car was let go but two people in my car were arrested
If drugs were found in the car they can search any area the detainees had access to. Generally that is about the entire interior of a car.


What is the purpose of your line of questioning? Do you believe the police did something wrong here? If so, what?
 

rcupp05

Junior Member
Im just concerned that if the warrant was for this guy and him selling. Whats that have to do with me. If who they were looking for was the seller. Wouldnt i at least have to be buying something. Would they have to ask to search my car or show me a warrant. I dont believe they had any probable cause to search my car or the people in it. No one in my car called and set up any deals or for that matter ever talked to anyone at that house
 

Silverplum

Senior Member
Im just concerned that if the warrant was for this guy and him selling. Whats that have to do with me. If who they were looking for was the seller. Wouldnt i at least have to be buying something. Would they have to ask to search my car or show me a warrant. I dont believe they had any probable cause to search my car or the people in it. No one in my car called and set up any deals or for that matter ever talked to anyone at that house
You should upgrade your friends to ones who don't bring trouble along with them.
 

justalayman

Senior Member
Im just concerned that if the warrant was for this guy and him selling. Whats that have to do with me. If who they were looking for was the seller. Wouldnt i at least have to be buying something. Would they have to ask to search my car or show me a warrant. I dont believe they had any probable cause to search my car or the people in it. No one in my car called and set up any deals or for that matter ever talked to anyone at that house
well, somewhere along the line you were associated with the seller such that you were apparently under suspicion. If you or your residence or car were listed on a search warrant, the police provided reasonable suspicion to the judge that signed the warrant they the search was justified.

How did the stop and search of your car come about?
 

rcupp05

Junior Member
What happened was the other person arrested was driving my car with me in it and they pulled into the driveway after this raid took place but police was still there. I know the person at the house but no they did not any suspicion. They just assumed. The police tried to say they seen my car at that house between a certain time frame(7-8 pm) and the girl in my car was driving it. Well i quickly told them that they were wrong because that girl was at home with her dad a retired homicide detective and that my car was two cities over dropping off someone who worked for my brother and i had 5 witnesses to prove it
 

dave33

Senior Member
What happened was the other person arrested was driving my car with me in it and they pulled into the driveway after this raid took place but police was still there. I know the person at the house but no they did not any suspicion. They just assumed. The police tried to say they seen my car at that house between a certain time frame(7-8 pm) and the girl in my car was driving it. Well i quickly told them that they were wrong because that girl was at home with her dad a retired homicide detective and that my car was two cities over dropping off someone who worked for my brother and i had 5 witnesses to prove it
You will have to wait to see the official police report in the discovery package. You can bet, regardless of what was said, an obvious probable cause beyond reproach will be indicated in the report if the warrant was not valid for that time and place. You can of course challenge this with a few thousand dollars, but you would be taking a big chance. goodluck.
 

justalayman

Senior Member
so did they recognize the driver or ask for ID and discovered there was a warrant for his arrest or something? This was your house or the driver's house or was it some drug house?

I would have to chase some law but if there are any laws similar in your state as mine, they could detain and search your car simply due to the fact you were visiting a known drug house. That gives rise to probable cause you are involved in a drug deal.


have you been charged with anything or just the other two in your car you spoke of?
 

CavemanLawyer

Senior Member
Most any search warrant issued to search a residence will also include language allowing generally to search any vehicles located at the residence. If the vehicle is there at the time the search begins then clearly it is covered under the warrant. If the vehicle arrives on the scene after the search has begun then it is a little less clear and may vary by jurisdiction. They also may have developed probable cause to search your vehicle independent of the search warrant.
 

Just Blue

Senior Member
What happened was the other person arrested was driving my car with me in it and they pulled into the driveway after this raid took place but police was still there. I know the person at the house but no they did not any suspicion. They just assumed. The police tried to say they seen my car at that house between a certain time frame(7-8 pm) and the girl in my car was driving it. Well i quickly told them that they were wrong because that girl was at home with her dad a retired homicide detective and that my car was two cities over dropping off someone who worked for my brother and i had 5 witnesses to prove it
Why will you not provide the State you are in? Law vary State to State...Right now any answers you get are just general and not specific to where you live.
 

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