Legal Question in Criminal Law in Colorado

Can cops search truck if it's not stated on search warrant


Asked on 5/13/12, 4:44 pm

2 Answers from Attorneys

Marc Milavitz The Alternative Law Office of Marc Milavitz

It depends on where the truck is located and what the search warrant says. It also depends on the search warrant affidavit and if the search is after pulling someone out of the truck and arresting the, Consent to search can also be an issue. I have successfully litigated a number of search cases and if you can get me more specific facts, I could give you a more specific answer. Good luck

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Answered on 5/13/12, 8:19 pm
Jason Savela The Savela Law Firm, PC

Marc is correct. Assuming this is a SW for a house or business, the SW may allow the search of anything on the property. But, often police exceed the scope of a SW. If they do so, the evidence found beyond the scope is suppressible. In a recent case, I got the court to suppress an entire house.

Also, the SW must be reviewed to make sure that the affidavit supports a search.

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Answered on 5/14/12, 9:49 am


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