Wenatchee, WA asked in Civil Rights for Washington

Q: Is it legal for police to amend their search warrant after searching once then search again after the amendment in wa

Wenatchee, Chelan county Washington

Related Topics:
1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: In Washington, the legality of police amending a search warrant after an initial search and then conducting a second search hinges on specific circumstances. Generally, once a search warrant has been executed, it is considered spent, meaning police can't simply amend it to search again. If they find new information during the first search that would justify a further search, they typically need to obtain a new warrant rather than amend the existing one.

However, there may be exceptions based on what was initially authorized by the warrant or if there's an ongoing investigation where continual access to the premises was explicitly permitted. If the police searched once, made amendments, and then searched again, this could be challenged in court as exceeding the scope of the original warrant.

If you’re facing this situation, it’s important to understand the specific details of the warrant and the searches conducted. You may want to consult with a legal expert who can review the warrant and the actions taken by the police to determine if your rights were violated.

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.