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Laws on search warrants...

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LiL Re

Junior Member
What is the name of your state (only U.S. law)? Utah...

Does anyone know if police officers need a separate search warrant to search someones safe during a search warrant? Especially if the safe didn't even belong to the person they had the search warrant for???
 


CdwJava

Senior Member
What is the name of your state (only U.S. law)? Utah...

Does anyone know if police officers need a separate search warrant to search someones safe during a search warrant? Especially if the safe didn't even belong to the person they had the search warrant for???
That depends on whether or not the original search warrant had language that would have covered an item such as a safe. Clearly, if the warrant was seeking a 45" television set, the safe would be out of bounds. But, if they were seeking drugs or weapons, and the warrant articulated places in the residence - even if closed or locked, then the search would be fine without an additional warrant.

Unless the warrant was very poorly drafted, it will possess language that would have permitted them to look in the safe.
 

CdwJava

Senior Member
Yes, I am familiar with it.

The chances are the warrant covered the safe ... but, I have seen some poorly written ones where stuff got tossed because the parameters of the warrant were exceeded. It depends on what they were looking for and whether there was a reasonable belief the item might be in the safe.

The other error you find is when the warrant is searching for a particular item, and when that item is found, the search continues and thereby exceeds the parameters.

While not likely, these are possibilities.
 

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