WeedWacker
New member
If the police came knocking on your door with a warrant, could you have them wait until a lawyer came to look at it to read?
Warrant
- Thread starter WeedWacker
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WeedWacker
New member
Yeah, figured it could be a look only but while I'm distracted some guy drags somthing out and claims "plain sight" (not that's I would have anything 
) But also that no knock warrant got me thinking, maybe it's the wrong house (lol)? or it's a trumped up charge by a "anonymous tipper"
) But also that no knock warrant got me thinking, maybe it's the wrong house (lol)? or it's a trumped up charge by a "anonymous tipper"Edward429451
Moderator
You guys are kidding right?
You are supposed to be able to inspect the warrant and verify the judges signature but that was a long long time ago in a land very different than ours.
You are supposed to be able to inspect the warrant and verify the judges signature but that was a long long time ago in a land very different than ours.
As a longtime criminal defense lawyer and former prosecutor, I believe that the courts would likely view the warrant as the cops' magic key to your realm. Your lawyer (eventually) gets to inspect a warrant to ensure that it was done correctly, and your remedy (if it was not) is to have the fruits of the search suppressed.
In the "might makes right" real world of warrant-service (I've been there - it ain't pretty), I can assure you that an individual's protests that "I want my lawyer to inspect this warrant before I stand aside and allow you heavily armed policemen to enter my house," would be ignored (after the sniggering died down).
In the "might makes right" real world of warrant-service (I've been there - it ain't pretty), I can assure you that an individual's protests that "I want my lawyer to inspect this warrant before I stand aside and allow you heavily armed policemen to enter my house," would be ignored (after the sniggering died down).
I'm ABSOLUTLEY sure that Erich's correct! Think about it; asking the cops to wait (for how long?) for a lawyer to appear would be...well, absurd.
I believe that Erich will agree, also, that, should the warrant later prove to have been improper, evidence seized or discovered via that warrant would be inadmissible.
I believe that Erich will agree, also, that, should the warrant later prove to have been improper, evidence seized or discovered via that warrant would be inadmissible.
In a word: No.
Erich is right. Once a cop has a warrant, they can come in. If you try to get in their way, they can basically beat you into submission, then arrest you, THEN come in. (That whole, "duty not to interfere with police investigation" thing...)
If, after the search is done and the evidence is about to be introduced, your lawyer determines that the warrant was not valid, then all evidence obtained through the warrant (including all evidence produced through leads learned while executing the warrant) are inadmissible as evidence against the owner of the property.
Key phrase here is, "against the owner of the property." If person A is selling crack out of person B's house, and the police raid the house without a valid warrant, they can introduce the evidence to convict person A, but NOT person B. It makes for some interesting tactical decisions by the cops...
Get it?
Erich is right. Once a cop has a warrant, they can come in. If you try to get in their way, they can basically beat you into submission, then arrest you, THEN come in. (That whole, "duty not to interfere with police investigation" thing...)
If, after the search is done and the evidence is about to be introduced, your lawyer determines that the warrant was not valid, then all evidence obtained through the warrant (including all evidence produced through leads learned while executing the warrant) are inadmissible as evidence against the owner of the property.
Key phrase here is, "against the owner of the property." If person A is selling crack out of person B's house, and the police raid the house without a valid warrant, they can introduce the evidence to convict person A, but NOT person B. It makes for some interesting tactical decisions by the cops...
Get it?
As long as they have a warrant and it's signed by a judge or magistrate, you can't refuse entry for a search. You can ask to see it and a copy along with a receipt for siezed item(s) will.....or should be left with you.
Contesting the matter and validity of the warrant is for the court process later, not confronting the police at the moment.
Contesting the matter and validity of the warrant is for the court process later, not confronting the police at the moment.