Q: is it legal for the police to not allow you to observe them searching your property when they have a search warrant?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- California
- (916) 704-3009
- View Profile
- Answered
A:
If the police have a valid search warrant, they are generally not required to allow the property owner to observe the search as it is being conducted. The search warrant itself provides the legal authority for the police to enter and search the property, even without the owner's consent or presence.
However, the property owner has the right to:
1. See and obtain a copy of the search warrant, which should describe the areas to be searched and the items being sought.
2. Be present at the property during the search, unless their presence would interfere with the investigation or pose a safety risk.
3. Observe the search from a safe distance without interfering with the police officers' work.
It's important to note that while the police are not obligated to allow the owner to closely observe the search, they must conduct the search within the scope of the warrant and respect the owner's rights. If the property owner believes that the search exceeded the limits of the warrant or that their rights were violated, they may seek legal recourse after the fact.
As with any legal matter, it is advisable to consult with a qualified attorney for guidance specific to your situation.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
