Fergus Falls, MN asked in Criminal Law and Constitutional Law for Minnesota

Q: Regarding execution of search warrant of House: Searches & Seizures, State of Minnesota

Are officers required to acquire consent of the home owner and/or property owner, whom is not the individual indicated by the search warrant, to open locked containers within the area described by the warrant to be searched, and are they required to unlock and open said containers in the presence of the owner of said property? Are there any citations regarding this anywhere?

2 Lawyer Answers
Jonathan Matthew Holson
Jonathan Matthew Holson
Answered
  • Criminal Law Lawyer
  • Rogers, MN
  • Licensed in Minnesota

A: This is going to be a very fact specific analysis that depends on a number of factors such as the language of the search warrant, the items that are being looked for, the relationship of the subject to the home owners, etc. This is way more than can be addressed through a Q & A forum online. You need to get an attorney on board who can review all of the evidence and provide legal advice about the legality of the search that occurred here.

Thomas C Gallagher agrees with this answer

1 user found this answer helpful

Thomas C Gallagher
Thomas C Gallagher
Answered
  • Criminal Law Lawyer
  • Minneapolis, MN
  • Licensed in Minnesota

A: The answers to those question will depend upon the facts and evidence in the case. The criminal defense lawyer should gather all of that, and then analyze it under the law. I can tell you that I have won cases based upon a police search going beyond the scope of the search warrant. But these cases are highly fact-dependent.

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