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Arrests, Searches, Warrants & Procedure : Includes Right to Counsel, Fifth Amendment Rights, Right to Trial by Jury, etc.
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  #1  
Old 08-09-2007, 09:39 AM
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Search Warrant Question


What is the name of your state? NY

This is a project im doing for law academy about search warrants. Subject A lives in Town B and commits a crime in Town B by stealing some stuff from a local merchant. Subject A then moves 300 miles ( still in the same state) to Town C (for college or work) with the stolen stuff. However Subject A's family still lives in Town B in the same house. Amount of stolen goods = 1500 dollars. Can the State Police get a search warrant for Subject's A location in Town C. How hard would it be to get the search warrant? Do they need hardcore evidence? Lets say Subject A is already being charged with petite larceny is there more incentive to get the search warrant 300 miles away? Is it normal for state police to issue a warrant so far away even though in the same state? or is the time and resources needed not worth their time for such crime? How hard would it be for police to realize Subject A's new location if he was living on a campus for college? Should they bother searching the dorm room if they searched the house in Town B?

any other advice to help my project would be greatly appreciated.
  #2  
Old 08-09-2007, 09:44 AM
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Location: St. Odo of Cluny Parish
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Quote:
Originally Posted by Kcoolby View Post
What is the name of your state? NY

This is a project im doing for law academy about search warrants. Subject A lives in Town B and commits a crime in Town B by stealing some stuff from a local merchant. Subject A then moves 300 miles ( still in the same state) to Town C (for college or work) with the stolen stuff. However Subject A's family still lives in Town B in the same house. Amount of stolen goods = 1500 dollars. Can the State Police get a search warrant for Subject's A location in Town C. How hard would it be to get the search warrant? Do they need hardcore evidence? Lets say Subject A is already being charged with petite larceny is there more incentive to get the search warrant 300 miles away? Is it normal for state police to issue a warrant so far away even though in the same state? or is the time and resources needed not worth their time for such crime? How hard would it be for police to realize Subject A's new location if he was living on a campus for college? Should they bother searching the dorm room if they searched the house in Town B?

any other advice to help my project would be greatly appreciated.
We don't do homework.

By your spelling of some terms, I doubt that you are in any "law academy" (whatever that might be).

BUT, if you tell me what YOUR research shows, I can give you some answers.
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  #3  
Old 08-09-2007, 10:58 AM
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Posts: 6,673
Quote:
Can the State Police get a search warrant for Subject's A location in Town C. How hard would it be to get the search warrant?
It depends on how hard it would be to convince a local magistrate there is probable cause to search in Town C.

Quote:
Do they need hardcore evidence?
As opposed to softcore? They need to show facts which would indicate to a resonable person that--well, anyone in a law academy would know the definition of probable cause for a search warrant.

Quote:
Lets say Subject A is already being charged with petite larceny is there more incentive to get the search warrant 300 miles away?
Since even the government has a limited amount of resources, some officer will have to determine the cost/benefit of the travel.

Quote:
Is it normal for state police to issue a warrant so far away even though in the same state?
The state police don't issue warrants, judges do.

Quote:
or is the time and resources needed not worth their time for such crime?
That will be a sui generis decision.

Quote:
How hard would it be for police to realize Subject A's new location if he was living on a campus for college?
It depends on the cooperation of people they call and ask. Once they find a person is attends a certain college, finding out where they live (if the college knows) is one more call.

Quote:
Should they bother searching the dorm room if they searched the house in Town B?
I don't know, should they? From the tone of the "project" questions, I think they should.
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  #4  
Old 08-09-2007, 11:04 AM
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It would be a lot easier if the poster would just tell us what he was busted for and why.
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