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what happens AFTER a search warrant is served on you...

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  • ldivinag
    In Memoriam
    • Oct 2005
    • 4858

    what happens AFTER a search warrant is served on you...

    for example, you are stopped and ask if you have any firearms in your car.

    you say "nothing illegal in here"

    cop says "i can get a search warrant..."

    2 hours later, your car is being dismantled in the middle of a street...

    3 hours later, cops find nothing and they leave. your car is a mess. stuff laying everywhere. may not even be driveable.

    what now? cops dont have to return your car as it was before... right?
    leo d.
  • #2
    bohoki
    I need a LIFE!!
    • Jan 2006
    • 20771

    nope but you may have a lawsuit about probable cause

    Comment

    • #3
      Ron-Solo
      In Memoriam
      • Jan 2009
      • 8581

      Are you citing an actual experience or a "what if"

      There are too many variables here.
      LASD Retired
      1978-2011

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      • #4
        technique
        I need a LIFE!!
        • Jan 2008
        • 10639

        Well...I doubt they would rip up your seats and slash your tires unless a Narc dog gave them an indication........but an indication can be easy to make a dog do. And at that point, PC is all they need. They wont bother with a warrant.

        So From experience, If you say "no" to a trunk search...forget the warrant, they just bring a K9...it "signals" and PC takes affect.

        I doubt you will ever get money from the city or state to replace anything if they do vandalize your property in the process.
        California Uber Alles, California Uber Alles
        Uber Alles California, Uber Alles California

        I am Governor Jerry Brown, My aura smiles and never frowns, Soon I will be President...

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        • #5
          snobord99
          Senior Member
          • May 2009
          • 2318

          If they have PC to search a car, they're not going to bother getting a warrant.
          Everyone opposes judicial legislation until the judiciary legislates in their favor.

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          • #6
            leelaw
            Junior Member
            CGN Contributor - Lifetime
            • Oct 2005
            • 10445

            Originally posted by snobord99
            If they have PC to search a car, they don't need to bother getting a warrant.
            Fixed it.

            Is this question from experience, or television?

            Comment

            • #7
              AndrewMendez
              C3 Leader
              CGN Contributor - Lifetime
              • Jan 2009
              • 6777

              I think you need to get a lawyer, However, I do not know the specific's of the situation.
              Need A Realtor in SoCal? Shoot me a PM. :cool:

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              • #8
                MrSigmaDOT40
                Member
                • May 2008
                • 413






                Last edited by MrSigmaDOT40; 09-26-2009, 2:47 AM.
                sigpic

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                • #9
                  SVT-40
                  I need a LIFE!!
                  • Jan 2008
                  • 12894

                  Originally posted by ldivinag
                  for example, you are stopped and ask if you have any firearms in your car.

                  you say "nothing illegal in here"

                  cop says "i can get a search warrant..."

                  2 hours later, your car is being dismantled in the middle of a street...

                  3 hours later, cops find nothing and they leave. your car is a mess. stuff laying everywhere. may not even be driveable.

                  what now? cops dont have to return your car as it was before... right?
                  I think you watch to much TV. LEO's are not going to waste the HOURS it takes to obtain a search warrant on any simple traffic stop. Besides a search warrant allows a "search" not dismantling or disabling.

                  Besides if there were grounds for a search warrant then the LEO already and enough probable cause to search your car anyway.
                  Poke'm with a stick!


                  Originally posted by fiddletown
                  What you believe and what is true in real life in the real world aren't necessarily the same thing. And what you believe doesn't change what is true in real life in the real world.

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                  • #10
                    snobord99
                    Senior Member
                    • May 2009
                    • 2318

                    Originally posted by leelaw
                    Fixed it.

                    Is this question from experience, or television?
                    I opted for they won't bother instead of they don't need to. Both true, but I opted for the former .
                    Everyone opposes judicial legislation until the judiciary legislates in their favor.

                    Comment

                    • #11
                      sfwdiy
                      Senior Member
                      • Feb 2008
                      • 2146

                      Originally posted by ldivinag
                      for example, you are stopped and ask if you have any firearms in your car.

                      you say "nothing illegal in here"

                      cop says "i can get a search warrant..."

                      2 hours later, your car is being dismantled in the middle of a street...

                      3 hours later, cops find nothing and they leave. your car is a mess. stuff laying everywhere. may not even be driveable.

                      what now? cops dont have to return your car as it was before... right?
                      Cops don't need a warrant to search vehicles. All they need to do is be able to articulate probable cause in order to search. The only time police officers need a warrant to search a vehicle is if the vehicle in question is a parked RV or camper if I recall correctly. At that point it becomes a residence.

                      Once we're discussing residences it's a different story. There are far too many variables here to discuss hypothetical situations. Your first move would be to contact your attorney. You may or may not have recourse, depending on what exactly went down.

                      --B
                      Need data recovery? CLICK HERE for a discount on your next recovery from DriveSavers!

                      Comment

                      • #12
                        ldivinag
                        In Memoriam
                        • Oct 2005
                        • 4858

                        This is all hypothetical.

                        I'm just curious what are my options after a PC search or a warrant one.

                        So if they break anything are they responsible for it?

                        But if they just toss everything it's not their problem???
                        leo d.

                        Comment

                        • #13
                          aermotor
                          CGN/CGSSA Contributor
                          • Apr 2009
                          • 2566

                          Can they really just hold you for two hours while they get a warrant? Seems like big 4A violations unless you're already a criminal with a record or something...

                          Comment

                          • #14
                            jamesob
                            Veteran Member
                            • Jan 2008
                            • 4821

                            a judge will not issue a warrant without p.c.

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