Timeline for Can I tell police to wait and call a lawyer when served with a search warrant?
Current License: CC BY-SA 4.0
9 events
| when toggle format | what | by | license | comment | |
|---|---|---|---|---|---|
| Mar 16, 2023 at 13:38 | vote | accept | Aleks G | ||
| Mar 9, 2023 at 19:16 | comment | added | hszmv | @supercat You go through with 742 Evergreen Terrace because if you're taking out a warrant for a house in the 740 block of Evergreen Terrace, it's going to investigate the one that has Homer and Bart, not Ned Flanders (yeah he's the devil in the Halloween episode, but those are not canon). | |
| Mar 6, 2023 at 11:37 | comment | added | Neil Meyer | @ToddWilcox any person who deprives another person in the US of a constitutional right opens him/her up to a civil lawsuit. A section 83 as it is known. Although police enjoy limited liability they are by no means immune from this. The higher bar that you must prove is that the constitutional right must be clearly established. You can sue the police person in his/her private and professional capacity. A police person who enters your house without a warrant risk much more than just evidence. | |
| Mar 4, 2023 at 19:44 | comment | added | supercat | @ToddWilcox: What if you're at 742 Evergreen Terrace and the warrant is for 744 Evergreen Terrance? | |
| Mar 3, 2023 at 22:11 | comment | added | Todd Wilcox | Would it help to clarify that even if they're holding a bad (or no) warrant, you can't legally stop the police from searching. Instead, the consequence of not having a proper warrant is that any evidence they find in the search might be inadmissible. But that is determined long after the search in a courtroom. | |
| Mar 3, 2023 at 17:46 | comment | added | jcaron | @BenHocking I'm far from convinced that "They can search even if you are not present" is universally true, though this would of course be the topic for another question. | |
| Mar 3, 2023 at 13:27 | comment | added | Ben Hocking | @jcaron While good advice, I would be surprised if there are any jurisdictions where what user6726 said is not true. | |
| Mar 3, 2023 at 12:20 | comment | added | jcaron | This needs to be qualified with a jurisdiction (country/state) and probably some sources. | |
| Mar 2, 2023 at 19:22 | history | answered | user6726 | CC BY-SA 4.0 |