San Diego, CA asked in Criminal Law for California

Q: If the police have a search warrant for an address why would they stand outside for two hours until everyone came out

The police stood outside saying they had warrant but never gave it to the ones detained or the property owner when she asked. They mailed the search warrant a 10 days after raid.

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2 Lawyer Answers
Dale S. Gribow
Dale S. Gribow
Answered
  • Criminal Law Lawyer
  • Palm Desert, CA
  • Licensed in California

A: if you are being charged with a crime explain to your local criminal lawyer what you are explaining here.

they are supposed to show you the Warrant signed by a judge.

James L. Arrasmith
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Answered
  • Criminal Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: If the police have a search warrant for a specific address, they generally have the legal authority to enter the property and conduct a search. However, the police are required to follow certain procedures when executing a search warrant to ensure that they are not violating the rights of the individuals involved.

One possible reason why the police may have waited outside for two hours is to ensure that all individuals who may be present inside the property are accounted for and can be safely detained or questioned. Additionally, the police may have been waiting for backup or other resources to arrive before executing the search.

It's possible that the police did not provide a copy of the search warrant at the time of the search due to practical reasons, such as the need to secure the premises or the unavailability of a physical copy of the warrant. However, the police are generally required to provide a copy of the search warrant to the property owner or occupants as soon as practicable after the search has been conducted.

If you have concerns about the legality of the search or the conduct of the police during the search, you may want to consult with an experienced criminal defense attorney. Your attorney can review the details of the search and help you understand your legal options for challenging the search or any evidence that was obtained during the search.

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