Search Warrant for Others' Properties?
That is my biggest fear, she is on private property and Barry knows they need a search warrant.
MOO
@Rachelj1 LE needs S/W to search on BM's prop/land imo. See
1. below.
As to LE searching prop of others, not agreeing w ^ post.
Briefly if LE asks for consent, & owner gives it, no S/W is needed. LE can search.
ETA Evd collected is admissible.
Not so briefly.
Fourth Amendment* to US Constitution prohibits
Unreasonable Search & seizure. When LE collects evd in violation of a defendant's 4th A. rights, it is not admissible against him.
Speaking gen'ly not to this case specifically:
1. LE can ask an
owner for consent to search his land/prop. If he gives consent & is
later charged w crime, say homicide, his def attorney would
(almost certainly) argue - LE threatened & coerced him or tricked him into consenting to search, even if he gave gave consent & signed form.
A common defense atty objection - Judge, do not allow prosecutor to enter into evd any items [say, gun, knife, bloody clothing, cooler, human remains, etc.] LE located. Says - He did not voluntarily give consent; he only signed because LE threatened & coerced him. Says - The search
violated his 4th Amendment rights against unreasonable search because there was no warrant. Argues - Any items gathered from his prop should be
excluded.**
That is why LE often secures a search warrant - even if prop owner gives consent - before searching prop of someone LE has not yet even named as a PoI or suspect. LE does not want to have evd excluded at trial.
2. If LE wants to search prop/land
owned by someone who is not a PoI or suspect, w no known connection w the crime/homicide, then LE may simply ask owner to
consent.
a) If owner
gives consent, LE may conduct a search there and collect evd which is
(likely) admissible against def. A defense atty argument to exclude the evd on grounds of 4th Amendment violation fails. Why? Def's constitutional right against unreasonable search & seizure is not violated by LE searching
someone else's prop.
b) If owner
does not consent, then yes, LE needs to provide judge w
probable cause for S/W to be issued.
Back to this case. If LE searches privately owned land (other than BM's prop) pursuant to owner's consent, imo any incriminating items located would not be ruled inadmissible based on def atty's claim of 4th A. violation of def's rights. my2ct.
Welcoming comment, clarification, correction, esp'ly from our legal professionals.
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* "The right of the people to be secure in their persons, houses, papers, and effects,[a] against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.[2]" bbm
Fourth Amendment to the United States Constitution
Fourth Amendment
** Exclusionary rule
