Legal Question in Criminal Law in Maryland

Can the police refuse to show you and/or give you a search warrant, after requesting it 4 times, until after the have peRched the entire premises and leaves it in another room so it cannot be viewed until they have left?


Asked on 11/11/10, 10:41 am

1 Answer from Attorneys

William Welch William L. Welch, III Attorney

The legal issues with warrants are: 1) whether the police had a valid one, and 2) whether they exceeded it's scope. If the warrant is invalid on its face, if the police lied to the judge who signed it, if the judge did not read it, or if the affidavit lacks probable cause, then the warrant may not have been valid. If the warrant were for one of a person's homes, and the police search two of a person's homes, then they exceed the warrant's scope. Also, if the probable cause is to search for stolen cars and the police are looking in kitchen cabinets and drawers (places too small to conceal a car), then they exceed the scope.

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Answered on 11/16/10, 11:18 am


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