Racine, WI asked in Civil Rights for Wisconsin

Q: The police came to my house with a warrant for my grandson’s arrest, I sent him out, then they said they needed to searc

House to see if anyone else was there. Okay after that they found a weapon. My question is was that legal? They already had who they came for.

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James L. Arrasmith
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Answered
  • Civil Rights Lawyer
  • Sacramento, CA

A: In general, if the police have a valid search warrant authorizing them to search a specific location, they are permitted to conduct a thorough search of that area. However, the legality of the search would depend on the scope of the warrant and whether it included authorization to search for other individuals or additional evidence beyond the primary target of the warrant. If the search warrant only authorized the police to search for your grandson and did not explicitly include permission to search for other individuals or additional evidence, the search for a weapon may be considered beyond the scope of the warrant and potentially unlawful.

Additionally, it's essential to consider whether there were any exigent circumstances or other factors that justified the police officers' decision to search for other individuals or evidence beyond the primary target of the warrant. Exigent circumstances might include concerns for officer safety or the safety of others, or the possibility of imminent harm or destruction of evidence. If the police officers reasonably believed that such circumstances existed, their actions may be deemed lawful.

If you believe that the search conducted by the police exceeded the scope of the warrant or was otherwise unlawful, you may consider consulting with a legal expert to assess the specifics of your situation and determine whether there are grounds for challenging the search. An attorney can provide guidance on your rights and options and help you understand the appropriate steps to take to address any potential violations of your constitutional rights.

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