Warrant and safe searches

[xibunkrlilkidsx]

Hey guys, onyl reason im asking is i work for as a locksmith and our company is also a reatiler for a few safe mfg's. Suddenly in the last week or two I have had a few customers ask me about when a safe can be searched or not during a search warrant. I have been telling them to talk to their attorney about it because i had no idea. Now it has just really gotten me curious. I know there a a crap load of possibilities. But any general guide lines?

Drug searches, domestic violence?

[Spanky8601]

Hey guys, onyl reason im asking is i work for as a locksmith and our company is also a reatiler for a few safe mfg's. Suddenly in the last week or two I have had a few customers ask me about when a safe can be searched or not during a search warrant. I have been telling them to talk to their attorney about it because i had no idea. Now it has just really gotten me curious. I know there a a crap load of possibilities. But any general guide lines?

Drug searches, domestic violence?

That was good advice.

General answer is yes with a search warrant, without going into a cr** load of possibilities.

[P5Ret]

I would venture to guess it would have more to do with what they are looking for, as opposed to the crime being investigated. If your looking for a stolen car and that what the warrant is for, your not going to be looking in a safe.

[readysetgo]

Without a warrant? No way Jose!
With a warrant? Most likely, yes. Most search warrants for a dwelling will say something along the lines of "such and such property etc. to include all containers and or outbuildings etc on the premises". I think they might also mention those containers being locked too, meaning the warrant covers even locked containers.
You've given the best advice though! "contact your attorney"

[003]

Let me begin by saying that your advice to contact their attorney is most appropriate.

In general, it all depends on how the warrant was written and what it was for. Virtually all search warrants start out as “boiler plate” language that was initially written by an attorney, (often times a member of the DA’s office, or an attorney teaching at a LE seminar) and then modified as necessary by the case detective for the specific location and the items being looked for. As a general rule a properly written search warrant will include all locations where the items being searched for could be located. Just because the primary items being searched for are large or bulky does not preclude looking in a small storage area, as a search warrant may include language that allows searching for “papers and other documents” that establish who owns or lives at the location. Over the years, I was involved in executing a number of search warrants, and I do not remember a single one that restricted our search in any way. The main house, all out building and all vehicles and other storages areas on the property, etc. A locked location was either opened by the residents or forced open.

Keep in mind that all search warrants are reviewed by the prosecutor’s office (an experienced attorney) and then signed by a judge prior to execution. As a general rule, a search warrant is not something put together on the "quick and dirty", but takes significant time to write and get reviewed and then signed and filed with the court.

[xibunkrlilkidsx]

I wasnt sure if the warrant would have to include a safe specifically for it to be searched

That gives em the general idea of what to happens at least.

Thanks for the response. and my generic answer will still be for them to contact a lawyer.

[BigDogatPlay]

There are always variables and no two warrants are ever the same. Generally, if the warrant specifically calls out a safe or safes on the premise to be searched, or what's being sought under authority of the warrant can fit inside the safe, then the safe door is getting opened.

A warrantless search of a safe is not outside the realm of possibility, given the right set of circumstances.

When the police come calling with a search warrant, the subject(s) of the warrant should be contacting a competent criminal defense attorney, then and there or as soon as they are practically able to.

[tyrist]

In general safes are almost always included in all the search warrants I have seen. Safes can hold the majority of the items the warrant is looking for.

[brokntrigr]

Warrant = Search
Consent from you = If you say yes, LE can search. If you say No, they can't search without a warrant

or

You have a condition of probation that has a search clause. Meaning, you have been arrested and released and as a condition of your release (to see if you've been naughty or nice) LE can search you anytime until your search condition has expired (depends on the judge; it can be 2 years, 5 years, etc. )

[RickD427]

Warrant = Search
Consent from you = If you say yes, LE can search. If you say No, they can't search without a warrant

Sir,

Citation please?

I believe that you're quite mistaken here. LEO's certainly need a lawful authority to conduct searches. Consent is one such authority, and a warrant is another. But those are not the only two..............

[A-J]

Generally speaking, a warrant will clearly indicate what is covered / what is to be searched. Good job telling them to ask an attorney instead of making s**t up as people are prone to do nowadays.

[1911su16b870]

If the warrant covers contents of containers in the residence, the officers may ask for keys/combo/access to the contents. If that is not available, they can force entry and then arrange for repair any damage to property on conclusion of the search.

[steelcore]

If any item being searched for in the warrant is small enough to fit inside any area (whether it be a closet, drawer, or gun safe), then that area may be searched.

IE: if they list "bloody pencil used in stabbing", they may search the safe, because a pencil is small enough to fit inside the safe

On the other hand, if they're searching for a stolen television and your safe is only big enough to fit a box of cheez-its then they may not, or anything found in the safe will be thrown out of evidence

So if they find a bloody knife in your safe, but the search warrant was for a television (which was too big to fit in that safe), it will be thrown out in court because it's not reasonable to search a 10"x10" safe for a 42" television

Hope that's clear