Legal Question in Criminal Law in Minnesota
search warrants
When there is a warrant for an individule person and that person has been arrested outside of his home can the officers proceed into the home he resides in without warrant from a judge,and begin searching the home for other crimes being committed?And if so who'sresponsiable?
1 Answer from Attorneys
Re: search warrants
Are you talking about a search warrant or an arrest warrant (your subject line says "search warrant")? Typically, a warrant for a person would be an "arrest warrant," giving police authority to arrest a person. Police lawfully arresting a person have the right to "search incident to arrest" to person and their "wingspan" or an area within reach of the arrested person. There might be circumstances which could legally justify police searching inside an arrested person's home, where the person was arrested near the home without a search warrant. It would depend upon the specific facts of the situation. Feel free to give me a call if you would like to discuss further, with more specifics.
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