Verbal search warrants

[missiful]

Alabama. Is it legal for the law to search my property on a verbal warrant from judge? When the law came to the door, I ask for the search warrant, they said that it was a verbal one from the judge and that I would recieve a copy on mon. Search was on sat nite. When asked what there reason was, they said that they had reason to suspect that methamphetamines were there. Found residue of weed in a tin container in a room that had been occupied by my brother. no charges were filed. nothing else found. Would this be considered an illegal search?

[outonbail]

Yes, I believe so.

At least I know it is in California. If the police inform the judge that time is of the essence, the judge can review the application for the search warrant and relay to them via telephone, that he has signed the warrant and it is therefore in place for them to act on immediately.

Not having physical possession of the warrant at the time they enter a residence, does not void the fact that the warrant does in fact exist and give them the authority to search.

Now if they are conducting a search of areas and/or seizing legal items not identified in the warrant, then they are overstepping their authority.

But if they found nothing during the legal search, didn't seize any property and didn't arrest you, then there is not much you can do about the whole experience at this point anyway.

[farmgirl_48732]

In Michigan if an officer shows up at your door, and you open it, and the officer sees illegal things going on, they can enter and they get to search. That being said, NEVER and I mean NEVER let them into your home. If they show up, go outside and talk to them. Do NOT give them a reason to let them in.

ETA: Also if I were ever pulled over and an officer wanted to search my car I would NEVER allow it until they showed me a search warrant. And though I never have anything in it to be afraid of, I wouldn't do it.

[Some Random Guy]

That being said, NEVER and I mean NEVER let them into your home.

The police had secured a legal search warrant signed by a judge. They told the resident of this warrant and how they could get a copy of it. If the resident chose to bar the police from their home at that point, they could easily be carted off to jail for obstruction.

The time to contest a search warrant is in the courthouse before trial, not at your front door.

[Some Random Guy]

ETA: Also if I were ever pulled over and an officer wanted to search my car I would NEVER allow it until they showed me a search warrant. And though I never have anything in it to be afraid of, I wouldn't do it.

the word "allow" is a little vague here. You should not CONSENT to a voluntary search of your vehicle. To PHYSICALY PREVENT a search can land you in cuffs. If you do not consent to a search and the police do not have a valid reason for a search (terry search, search incident to your arrest, inventory search before impounding, probable cause, telephonic warrant) then the court may disallow the products of the search in a later court hearing.

Even if the search is later found to be illegal, you can still be arrested and convicted for obstructing the officer if you choose to be combative.

[tranquility]

If they show up, go outside and talk to them. Do NOT give them a reason to let them in.

Stepping outside in all jurisdictions and simply opening the door in some circuts is putting oneself in a public place. This is significant as the police can arrest a person in a public place with probable cause. When you are in your home, the police need probable cause *and* exigent circumstances or consent or a warrant. (It's more complex as the police can arrest you inside your home if they are already legally there.)

If you are really concerned, talk to the police through the door. It gives you greater protection.

[msiron]

and what department is this that does not have to produce a search warrant after investigating a case SOMEWHAT then upon searching a residence? And who in their right mind would believe they have one when they can't produce it. (Ya ya, barring emergency, exigent circumstances) which doesn't sound at all like it here.

.....and if it was so exigent it likely would have been a knock and enter or a no knock warrant, in hand.

Did you get a copy today of this mysterious warrant? If they can't produce one, see a civil rights lawyer as your basic rights have been violated.

Warrant, they come in. No warrant in hand, go sit down and let them break down the door.

[CdwJava]

Originally Posted by msiron

and what department is this that does not have to produce a search warrant after investigating a case SOMEWHAT then upon searching a residence? And who in their right mind would believe they have one when they can't produce it. (Ya ya, barring emergency, exigent circumstances) which doesn't sound at all like it here.

A telephonic warrant would not be in the possession of the officers. Unless the officer has a fax machine in his car, it is very doubtful that this sort of warrant would be available in any written form at the time of service.

As previously suggested, do not grant consent, but do not resist their entry. Take the matter up at trial if need be.

- Carl

[missiful]

nothing was found and it is thursday and no copy of search warrant, i see my probation officer today and will found out more. been on probation and have 1 month left of 2 years. maybe that might have a little to do with it. im really glad im still at home and not in jail. around here if they dont find what there looking for they bring it with them.

[CdwJava]

If you are on probation and have search conditions on your probation, then no warrant will generally be required. This might render the entire issue moot.

- Carl

[missiful]

as far as i know thats not on my probation. i will find out today. they have harrassed me for 2 years and came up empty. they have done this in front of my kids which has just showed my kids how some law is.

[missiful]

thanks for the interest and the responses

[Indiana Filer]

Originally Posted by missiful

as far as i know thats not on my probation. i will find out today. they have harrassed me for 2 years and came up empty. they have done this in front of my kids which has just showed my kids how some law is.

So, in other words, they are showing your children that when someone breaks the law (like you did) there are consequences. I'll bet you money that your home can be searched at any time without a warrant because of your probation.