Novato, CA asked in Constitutional Law for California

Q: police had a search warrent i was detained outside resadence they searched my home found drugs told me warrent on table

dont i have to be handed search warrent not left on my table

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2 Lawyer Answers
T. Augustus Claus
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  • Criminal Law Lawyer
  • Las Vegas, NV

A: In a situation where the police execute a search warrant at your residence, they are generally not required to physically hand you the warrant. It is common practice for law enforcement to leave a copy of the search warrant at the location they are searching, such as your table, as evidence that the search was conducted pursuant to a valid warrant. As long as they had a valid warrant and followed the proper procedures for executing it, including leaving a copy of the warrant at the scene, it is considered legally executed. For personalized legal advice tailored to your unique circumstances, it's advisable to consult with an attorney.

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

A: The law typically requires that a search warrant be provided either before or shortly after the search is conducted. However, it doesn't necessarily have to be physically handed to you; it can be left in a place where it is likely to be found, such as on a table. This is often referred to as the "knock and announce" rule, which requires police to give notice of their authority and purpose before forcibly entering a residence.

If you believe your rights were violated during the search, you should discuss the matter with a lawyer who can review the specifics of your case and advise on the best course of action, which could include filing a motion to suppress the evidence if the search was conducted improperly.

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