Legal Question in Criminal Law in Virginia
search warrant finds nothing to seize
when police enter and search and the evidence that they were looking for is not there does the searchee have to provide anything more that is not in the area of the search and would the searchee be liable and or arrested if did not give up the oject of their search?
1 Answer from Attorneys
Re: search warrant finds nothing to seize
The warrant legally permits the officers to search
the areas specified in the affidavit wherein it is believed that there is probable cause to think that there may be evidence of a crime. And nothing further. Such a warrant does not authorize officers to search people who are found on the premises being searched unless it is done incident to their arrest nor does it require that
such people answer questions or divulge other information.
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