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harleychico

search warrants

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The law only requires that the officers obtain the warrant, not that they show it to anyone at the place to be searched. There is no requirement either that any owner or resident of the property to be searched must be present at the time the search is conducted.

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That just seems odd that the police would not have to show it and yet they have to knock and wait a certain amount of time like 20 sec -1 minute is what I've been reading

then announce that they are the police and that they have a search warrant and exactly what it is there looking for so it seems kinda weird that they dont have to show it but I've learned in CA that if you ask to see it they must produce it-

 

Does anyone have any other input on this

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That just seems odd that the police would not have to show it and yet they have to knock and wait a certain amount of time like 20 sec -1 minute is what I've been reading

then announce that they are the police and that they have a search warrant and exactly what it is there looking for

 

The "knock and announce" rule simply means that, under normal circumstances, a law enforcement officer executing a search warrant should not bust down the door and, instead, should announce their presence and give the occupants of the premises an opportunity to answer the door.  No specific time is required (and certainly not a full minute), and the facts and circumstances of each situation matter greatly.  Nor is there any constitutional requirement specifically to say that they have a search warrant or to announce what is being sought by the warrant (I can't say for sure that no state imposes such requirements, but it seems unlikely).

 

 

 

I've learned in CA that if you ask to see it they must produce it-

 

Where did you read that?

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The officer has to leave a property receipt for the items taken but they don't even need to have a physical copy of the warrant in order to execute it.  Further, even if they did, it wouldn't serve as grounds to suppress the evidence seized....

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