Las Vegas, NV asked in Civil Rights, Constitutional Law and Criminal Law for Arizona

Q: Can the police make you open yoir gate at gun point and search home ans yard and break into safe without a warrant?

They entered the yard handcuffed him at 10am searchead his home and found his safe broke into it found drugs and money and arrested him and served him aearch warrant at 120 pm while already in jail is that even ligal i thought you needed a warrant to search premises and their body cams were off entire time

1 Lawyer Answer
Dwane Cates
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Answered
  • Criminal Law Lawyer
  • Phoenix, AZ
  • Licensed in Arizona

A: Generally speaking, the government needs a search warrant to search your home. There are some exceptions such as exigent circumstances or imminent danger. You indicated that they served a warrant him later in the day. What really matters is when was the warrant issued by the Court. Again, generally speaking, if the warrant was issued prior to the search and included opening the safe it was legal. Just a note, there are many reasons a warrant may not be valid, so any analysis based on a short question with limited facts is going to be very limited. Please consult an attorney in your local jurisdiction for advise on this matter. This answer to your question is not meant to legal advice and should not be relied upon in making decisions about the case.

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