Legal Question in Criminal Law in Colorado

If the police have a search warrant that says it is for the outside grounds, sheds and other outbuildings, is it legal for them to enter the home to get proof of residency?


Asked on 5/02/11, 6:36 am

2 Answers from Attorneys

Daniel Fenaughty FENAUGHTY & ASSOCIATES, PC

The warrant gives them authority to do whatever the warrant says. If the warrant does not authorize entrance into the residence, the entry must be supported by other facts (consent/exigency) in order to be valid.

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Answered on 5/02/11, 1:08 pm
Marc Milavitz The Alternative Law Office of Marc Milavitz

A search warrant must be specific as to a number of issues, including what buildings or structures are authorized to be searched. If the warrant does not allow for entry into the home, then unless you consented to the entry, it is illegal and all evidence found there would likely be suppressed. I have successfully fought this battle before and would be happy to speak to you. Good luck.

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Answered on 5/02/11, 3:29 pm


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