If the police have a warrant to search my house, can they look anywhere?

They cannot. To look through a property or a car, or anything like that, the police have to get a warrant first. Additionally, that warrant should have the exact information of what the police are searching for. More specifically, they have to elaborate on the objects that are being looked for and the place to be searched. For example, if the police are searching a residence and they’re looking in a garage for a certain vehicle, they can’t go into a bedroom and check your drawers because obviously a vehicle could not be in said drawers. Thus, the language of the warrant specifically limits the places where they can search. In general, the terms essentially state that this is what can be searched, this is what areas can be searched – so it’s all included in the warrant.

Search Warrants

This principle of the specialization in search warrants is based on the Fourth Amendment of the U. S. Constitution, which safeguards the people from the unreasonable searches and seizures. The demand guarantees that the searches are done justly and that the private life of people is protected to the maximum extent. Besides, this particularity stops the police from performing searches that are too wide or intrusive, which as a result could involve the infringement of the rights of the person.

When doing a search, if the police encounter a situation where they think it is necessary to go beyond the limits of the warrant, they have to stop and apply for a new warrant. They must have strong reasoning to justify the extension of the search on the basis of new evidence or suspicions. Hence, the proper comprehension of the exact language in a search warrant is necessary for both the law enforcement officers and the persons whose properties are being searched.

Dale Carson Law is dedicated to protecting the rights of individuals.

Address

The Blackstone Building 233 East Bay Street, Suite 1101 Jacksonville, Florida 32202

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(904)355-6777

(904)355-6738 fax

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