Legal Question in Criminal Law in California

Search Warrants

When entering a persons home to do a search, do the officers conducting this search have to show the person a search warrant sometime during the raid?


Asked on 3/10/01, 7:54 am

2 Answers from Attorneys

Victor Hobbs Victor E. Hobbs

Re: Search Warrants

Probably not during the search. Once the police have satisfied the judge that issues the warrant, whether they show it to you or not is immaterial. The issue of the basis for the warrant may come up again by motion during the criminal prosecution.

The police will want to take control and that doesn't mean getting into an argument over what's in the search warrant. It means getting the occupants settled down and handcuffed if thatis what is called for. The warrant will be available for your inspection, whether or not criminal prosecution is brought, after the search.

Not showing you the warrant will not invalidate the warrant. Lying to the judge to get the warrant, if proved, will invalidate the warrant.

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Answered on 5/17/01, 11:05 pm
Barry Sands Barry Gerald Sands- Criminal Defense Lawyer, Inc.

Re: Search Warrants

SIR:

THE POLICE MUST TELL THE JUDGE THE TRUTH ABOUT THEIR INFO. TO GET IT SIGNED..U WILL NOT WIN BY THEM GIVING U THE WARRANT OR NOT..U SHOULD HIRE A GOOD LAWYER TO BEAT THE WARRANT...CALL ME FOR FREE CONSULT...310-201-0909

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Answered on 5/17/01, 11:12 pm


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