Legal Question in Constitutional Law in Nebraska
Search Warrant
Daughter living in family's basement-came home to find door forced open and house in disarray-sheets off-messed up-paperwork on table stating search warrant and what they found (glad trash bags under sink?) Can they enter without notification and are the police allowed to tear up a place and leave it like that?
Asked on 12/30/08, 4:16 pm
1 Answer from Attorneys
Edward Hoffman
Law Offices of Edward A. Hoffman
Re: Search Warrant
Yes and yes.
A notification requirement would enable people to hide evidence and would defeat the purpose of the warrant.
The nature of the evidence being sought determines how the search can be conducted. If the police are looking for, say, a 50-inch plasma TV then they can't go through your papers or drawers. They can, however, if they are looking for documents or other small items.
Answered on 12/30/08, 4:22 pm
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